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Home My WebLink About20120215.tiff RESOLUTION RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR THE PAYMENT OF FEDERAL MINERAL LEASE FUNDS FOR VARIOUS ROAD IMPROVEMENT PROJECTS AND AUTHORIZE CHAIR TO SIGN - WELD COUNTY FEDERAL MINERAL LEASE ACT DISTRICT 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 Intergovernmental Agreement for the Payment of Federal Mineral Lease Funds for Various Road Improvement Projects between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and the Weld County Federal Mineral Lease Act District, commencing upon full execution, 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 Intergovernmental Agreement for the Payment of Federal Mineral Lease Funds for Various Road Improvement Projects between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Weld County Federal Mineral Lease Act District be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. / 0)75 (D/O/ i i -as�a 2012-0215 SD0136 INTERGOVERNMENTAL AGREEMENT FOR THE PAYMENT OF FEDERAL MINERAL LEASE FUNDS FOR VARIOUS ROAD IMPROVEMENT PROJECTS - WELD COUNTY FEDERAL MINERAL LEASE ACT DISTRICT The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 23rd day of January, A.D., 2012. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST:'et.Z7C, 1 r � C Sean P ay, Chair ) Weld County Clerk to the Board t601W' r /� pt'` I /. �%\llim F. G-rcia, Pro-T-.' BY: �JC7V� Z o: „la , Deputy CI k to the Board ) �..�.., 4�19 /�A p - Z� 2-- ` %� � •ar*Kirkmeyer APP D AS T O %/j, ?avid E. Long awe ounty Attorney s Dougl-s Rademac -r Date of signature: a - `1-/,c2-, 2012-0215 SD0136 INTERGOVERNMENTAL AGREEMENT FOR THE PAYMENT OF FEDERAL MINERAL LEASE FUNDS THIS INTERGOVERNMENTAL AGREEMENT for the Payment of Federal Mineral Lease Funds (the "IGA"), dated as of January 11, 2012, is between the Weld County Federal Mineral Lease Act District (the "District"), acting by and through its board of directors (the "District Board"), and the County of Weld, State of Colorado (the "County"), acting by and through its Board of County Commissioners (the "BOCC"). WITNESSETH: WHEREAS, the District was formed through Resolution Number 2011-2263 on August 17, 2011, nunc-pro-tunc, June 29, 2011, and WHEREAS, the District Board approved a Service Plan for the District, which the BOCC has approved on October 25, 2011 (the "Service Plan"), which allows the District to "distribute, on an annual basis, all of the funding that the District receives from DOLA, except such funds as expended or reserved for administrative expenses, as permitted by C.R.S. § 30-20-1307 (1)(b), to areas within the unincorporated areas of Weld County that are socially or economically impacted by the development, processing, or energy conversion of fuels and minerals leased under the Federal "Mineral Lands Leasing Act" of February 25, 1920, as amended,"and WHEREAS, District has received from the Weld County Department of Public Works a proposal for funding of various road improvement projects on Weld County Roads, a copy of which is attached hereto and referred to herein as "Exhibit A," and WHEREAS, the District and the County intend this IGA to set forth the terms and conditions under which the District shall pay to County funding the District receives from DOLA, as allowed by the District Service Plan, to pay for the GC-MS instrument. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. District agrees to pay to County the sum not to exceed $795,000 in 2012, as funding for the various road improvement projects on Weld County Roads detailed in Exhibit A. Progress payments shall occur as projects are completed. 2. Any notice to be delivered pursuant to this IGA may be personally delivered or mailed in the United States mails, first class postage prepaid to the party to be served at the following addresses: District: Weld County Federal Mineral Lease Act District % David Long P.O. Box 758 1150 O Street Greeley, Colorado 80632 1 2012-0215 County: Board of Commissioners of the County of Weld P.O. Box 758 1150 O Street Greeley, Colorado 80632 Notices personally served shall be deemed served on the date of delivery. Notices mailed shall be deemed served the next business day following the date of mailing if mailed in the State of Colorado otherwise on the date which is two business days following the date of mailing. 3. This IGA constitutes the entire agreement between the parties concerning the provision of administrative services by County for District and may not be amended except by a written document executed by both parties hereto. 4. This IGA may be executed in any number of counterparts, each of which shall be deemed an original, and which together shall constitute a single instrument. 5. This IGA shall be governed by and construed in accordance with the internal laws of the State of Colorado without reference to choice of laws rules. The parties agree that venue in any action to enforce or interpret this IGA shall be in the District Court in the Nineteenth Judicial District for the State of Colorado. WELD COUNTY FEDERAL MINERAL LEASE ACT DISTRICT By: David E. Long, Chairm , Weld County Federal Mineral Lease Act istrict Board of Directors BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO By: 6 Sean P. Conway, Chairman JAN-2.-51/2012 ATTEST:-7fr Weld County Clerk to the Board 4 E te'„ By: , 1 Deputy Cler to the Board htUVC. 2 &O/a'_0c Elizabeth Strong From: Bruce Barker Sent: Monday, January 23, 2012 9:38 AM To: Commissioners; Monica Mika; CTB Cc: Don Warden Subject: FW: FML District Request for Funding Attachments: Mineral letter.doc This is Exhibit "A" to item#6 under New Business. Bruce T. Barker, Esq. Weld County Attorney P.O. Box 758 1150 "O" Street Greeley, CO 80632 (970) 356-4000, ext.4390 Fax: (970) 352-0242 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 attorney privileged and 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. From: Janet Carter Sent: Monday, November 21, 2011 11:22 AM To: Don Warden; Pat Persichino Cc: Bruce Barker Subject: RE: FML District Request for Funding Here is a copy of the FML letter, if you need anything else please let me know. Janet L Carter Traffic Engineer Weld County Public Works Dept. P.O. Box 758, Greeley, CO 80632 Tele-970.356.4000 ext 3726 Fax-970.304.6497 W E LLL!C O.J N 7 Y U 1 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. From: Don Warden Sent: Monday, November 21, 2011 10:11 AM To: Pat Persichino; Janet Carter Cc: Bruce Barker Subject: FML District Request for Funding Will you send Bruce barker a copy of the two page letter you sent me for FML District funding request. Bruce is going to do the IGA between the county and the FML District and needs it. Thanks, Donald D. Warden Finance and Administration PO Box 758 Greeley, CO 80632 tel:970-356-4000 Extension 4218 86 10 I I wei�m!cou'u u 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 1861 - 2011 PUBLIC WORKS DEPARTMENT 1111 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 W E L�r O N T Y WEBSITE:WWW.CO.WELD.CO.US PHONE(970)304-6496 FAX: (970)304-6497 Weld County Federal Mineral Lease District Board 1150 O Street Greeley, CO, 80632 Dear Weld County Federal Mineral Lease District Board: Weld County Public Works maintains over 2,300 miles of gravel roadways in unincorporated Weld County. Due to increased production of oil and gas wells and industry support services, numerous county roadways have been negatively impacted. Due to increased traffic volumes many roadways are now meeting triggers for chemical dust treatment and have developed structural stability issues due to heavy truck traffic. As a result of the dynamic nature of the oil & gas industry many roads have a fluctuation of traffic volumes that are not consistent therefore the roadways do not meet the triggers for dust abatement. However, they still have structural stability problems and create colossal maintenance demands. The project list shown below does not meet dust abatement triggers however; they do have large truck percentages, multiple citizen complaints, and significant number of permitted or producing wells. O&G Wells Citizen Producing or Route From To AADT/YR Truck % Complaints Permitted WCR 390 WCR 118 WCR 120.5 138/09 32 2 53 WCR 50 WCR 49 WCR 53 173/11 34 1 27 WCR 20 WCR 19 WCR 23 164/11 18 7 104 WCR 390 WCR 83 WCR 126.5 96/11 32 2 53 WCR 127 WCR 98 WCR 118 17/10 41 2 40 WCR 35 WCR 32 WCR 38 159/09 36 3 171 WCR 35 WCR 38 WCR 44 133/08 22 3 167 WCR 40 SH 85 WCR 35 228/09 20 1 171 To mitigate the issues created by the Oil & Gas Industry and its support services, Weld County Public Works has developed the following list of improvements which includes an estimated cost: Estimated Route From To Type of Improvement Miles Cost WCR 390 WCR 118 WCR 120.5 26' CTB, 24' Double Chip Seal 2 $202,000 WCR 50 WCR 49 WCR 53 26' CTB, 24' Double Chip Seal 2 $202,000 WCR 20 WCR 19 WCR 23 26' CTB, 24' Double Chip Seal 2 $202,000 WCR 390 WCR 83 WCR 126.5 26' CTB, 24' Double Chip Seal 3 $303,000 WCR 127 WCR 98 WCR 118 Gravel Rehab 10 $200,500 WCR 35 WCR 32 WCR 38 Gravel Rehab 3 $60,150 WCR 35 WCR 38 WCR 44 Full Depth Mag-Chloride 3 $60,150 WCR 40 SH 85 WCR 35 Full Depth Mag-Chloride 3.5 $70,175 By completing the proposed project list the structural stability of the roadways will be increased, the maintenance costs will be reduced for those segments of roadways, and the county has produced a proactive measure to account for dust pollution. Weld County Public Works is truly committed to progression of these projects and is willing to leverage 20%of the project costs with HARP funds to complete these projects. Thank you for the opportunity to utilize the Mineral Lease funding for these important projects. If the Mineral Lease District Board has any questions about the proposed projects included in this letter or if further information is needed please feel free to contact me or my staff. Sincerely, Pat Persichino P.O. Box 758, Greeley, CO 80632 Tele-970.356.4000 Fax-970.304.6497 Hello