HomeMy WebLinkAbout20190589.tiffChloe Rempel
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Jan,
Curtis Hall
Friday, January 29, 2021 2:22 PM
Jan Warwick; Elizabeth Relford
Chloe Rempel; Mariah Higgins
RE: February CTB Temp Status Update
We have been unable to obtain the final signed document after a thorough check of files here at PW.
My apologies.
Curtis Hall
Deputy Director
Public Works
1111 "H" street
Greeley CO 80632
970-400-3721
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication in error, please immediately notify sender by return
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From: Jan Warwick <jwarwick@weldgov.com>
Sent: Thursday, January 28, 2021 10:12 AM
To: Elizabeth Relford <erelford@weldgov.com>; Curtis Hall <chall@weldgov.com>
Cc: Chloe Rempel <crempel@weldgov.com>; Mariah Higgins <mhiggins@weldgov.com>
Subject: February CTB Temp Status Update
Good morning,
This email serves as a status update for documents from the Commissioner's Agenda that are pending final
signatures from various sources. When final signatures are obtained, please remember to send a copy to the
Clerk to the Board's Office to ensure the Commissioners' final Resolution is signed, the Resolution is
distributed, and the complete document is finalized. The query included items pending as of today's date, so
there are items from recent Agendas that understandably may not have final signatures yet.
*If it is not possible to gain the final signature of a document, especially in cases of documents prior to 2019,
please respond as such with an explanation for us to scan into Tyler in lieu of the final signature.
1. Agreement for extraordinary Maintenance and Extraordinary Snow Removal, signatures from Federal
Highway Administration, USAF Warren AFB, and CDOT authorized representatives, page 8 of PDF.
1
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Thank you,
Jan Warwick
Deputy Clerk to the Board
Weld County
1150 0 Street
Greeley, CO 80631
tel: 970-400-4217
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended
only for the person or entity to which it is addressed and may contain information that is privileged, confidential
or otherwise protected from disclosure. If you have received this communication in error, please immediately
notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the
taking of any action concerning the contents of this communication or any attachments by anyone other than
the named recipient is strictly prohibited.
2
RESOLUTION
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 Base, Warren Air Force
Base, Cheyenne Wyoming, commencing January 1, 2018, and ending December 31, 2023, 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 Base, 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 6th day of February, A.D., 2019, nunc pro tunc January 1, 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: d.,,a4A) { "ou
Weld County Clerk to the Board
EXCUSED
Barbara Kirkmeyer, Chair
Mike Freeman, Pro-Tem
Deputy EXCUSED
County ttorney
Date of signature:
2- 12-tq
cc: PW(c...H)
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2019-0589
EG0076
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BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW/ WORK SESSION REQUEST
RE: Defense Access Roads and Extraordinary Removal contracts
DEPARTMENT: Public Works DATE: January 21.2 19
PERSON REQUESTING: Curtis Hall
Brief description of the problem/issue:
We have had ongoing contracts with CDOT, FHWA, and USAF for normal snow removal and extraordinary
snow removal on the defense road system within Weld County since 2008. We invoice the state annually for
normal snow removal to be done throughout the year for th amount identified in the contract. For 2019 the
base amount is $35,265 and will increase by simple interest rate of 3.5% per year through 2023. The total for
this 5 -year period is $189,107. We also have the ability to invoice the state above the base normal snow
removal amount when called by specific USAF personnel for the actual costs to do extraordinary snow removal.
These contracts have been forwarded to the county attorney for review.
Attached contracts for review and signature.
What options exist for the Board? (Include consequences, impacts, costs, etc. of options)
Option A- Sign contracts.
Option B- Do not sign contracts.
Recommendation:
Option A- Sign contracts.
Recommendation
Sean Conway
Mike Freeman, Pro -Tern
Scott James
Barbara Kirkmeyer, Chair
Steve Moreno
M:(FORMS\WorkSession-passarand2016 doc
Qicp
Schedule
Work Session
Other/Comments:
2019-0589
a0001 Co
Routing #: 19-HA4-XC-00033
SAP 1D#: 331001883
Associated with 331001878
AGREEMENT FOR EXTRAORDINARY MAINTENANCE
EXTRAORDINARY SNOW REMOVAL
Maintenance & Operation Program
Transporter Erector Routes
Weld County, Colorado
January 1, 2019
AND
This agreement is made and entered into by and between Weld County, Colorado (herein
referred to as the "County"); the Colorado Department of Transportation (CDOT); 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 and CDOT are 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 or CDOT.
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 or CDOT 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.
Page 1 of 8
02.o/9- 45796
Routing #: 19-HA4-XC-00033
SAP ID#: 331001883
Associated with 331001878
Snow removal on State Highways is the sole responsibility of CDOT and 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 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 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.
1 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
Page 2 of 8
Routing #: 19-HA4-XC-00033
SAP 1D#: 331001883
Associated with 331001878
E. Annual Reimbursement for Setup Fixed Costs - 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. This is independent of activities reimbursed
under the provisions set forth in paragraph "2D" below.
2. TERMS OF AGREEMENT
A. 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."
B. 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. 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 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. In the event of an emergency requiring a missile movement and it becomes necessary
to initiate the movement before the County or CDOT can respond to the Air Force's
request for snow removal, by virtue of this agreement, the Air Force shall be authorized
Page 3 of 8
Routing #: 19-HA4-XC-00033
SAP ID#: 331001883
Associated with 331001878
to provide its own equipment and manpower to plow defense access roads and provide
sander escort as needed for the success of the mission. Air Force shall notify the County
or CDOT in advance that they will be plowing a county road or state highway so that it is
known that there is a convoy on the road in a storm. Closed roads are of particular
concern and prior contact is mandatory to ascertain if road is passable.
E. 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. Thomas Niichel , USAF Missile Engineering Flight, 300 Missile Drive,
Suite 800, Building 240, F.E. Warren Air Force Base, Wyoming, 82005.
Within 20 working days, CDOT and FHWA will review and determine if the billing
documentation is acceptable for further payment processing or CDOT will notify the
County in writing of the deficiencies necessary to complete the bill and resubmit for
acceptance.
F. 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 2014 and the respective historical payment amount.
FY 2019 Basis - Weld County $35,265 (based on previous agreement 2014)
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 2019
$35,265
FY 2020
$36,499
FY 2021
$37,777
FY 2022
$39,099
FY 2023
$40,467
Page 4 of 8
Routing #: 19-HA4-XC-00033
SAP 1D#: 331001883
Associated with 331001878
G. 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.
H. 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.
I. 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 CDOT or
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, 2018, through December 31, 2023. 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.
Page 5 of 8
Routing #: 19-HA4-XC-00033
SAP 1O8: 331001883
Associated with 331001878
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.
EXECUTED by the FHWA this
day of , 2018.
Federal Highway Administration
Division Administrator
United States Air Force
WARREN AFB
Chief of Missile Engineering 90 CES/CEM
Colorado Department of Transportation
Chief Engineer
EXECUTED by Weld County this
Mike Freeman, Pro-Tem, Board of
Title Weld County Commissioners
FEB 0 6 2019
Title
Page 6 of 8
moo/ 0a9 (1
Routing #: 19-HA4-XC-00033
SAP ID#: 331001883
Associated with 331001878
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 email to
thomas.niichel.1@us.af.mil for each service request in Weld Counties This form
will be submitted with each request for payment.
Persons authorize to request ESR/EM and telephone numbers:
As of September 26, 2018
F. E. Warren AFB Personnel Authorized to Activate ESR/EM (FY 19)
The following F. E. Warren AFB Personnel are authorized to Activate ESR:
1. Mr. Thomas Pachniak 307-773-3375
2. Mr. Brian Nichols 307-773-2049
3. Mr. Vic Moore -2049
4. MSgt John Sinner -2049
5. TSgt William Workman -2049
6. Mr. Robert Dunn -2049
7. SSgt Dylan Snyder -2049
8. Mr. David Simpson -2049
9. Mr. Todd Meaney -2049
10. SSgt Miguel Estrada -2049
11. SSgt Nicholas Sagaert 307-773-2045
The following F. E. Warren AFB
1. Lt Col Brian Low
2. Mr. Eric Rushing
3. Mr. Mark Frank
4. Mr. Russell Lincoln
5. Mr. Tom Niichel
6. Mr. Joshua Maynez
personnel are authorized to activate ESR/EM:
307-773-3600
307-773-3600
307-773-2038
307-773-3046
307-773-4086
307-773-3556
Page 7 of 8
Routing #: 19-HA4-XC-00033
SAP ID#: 331001883
Associated with 331001878
1.Type of service request received.EM [ 1 + attach signed Scope of Work per agreement
ESR[ I
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 date
Recommend Disapproval date _
Reason:
Page 8 of 8
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