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HomeMy WebLinkAbout20260462 Resolution Approve Intergovernmental Agreement for Payment of Federal Mineral Lease Funds for Haul Route (HRP) and Low-Volume Rural (LVR) Programs and Authorize Chair to Sign — Federal Mineral Lease Act District Board 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 Payment of Federal Mineral Lease Funds for Haul Route (HRP) and Low-Volume Rural (LVR) Programs 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 the Federal Mineral Lease Act District Board, commencing January 12, 2026, 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 Payment of Federal Mineral Lease Funds for Haul Route (HRP) and Low-Volume Rural (LVR) Programs 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 the Federal Mineral Lease Act District Board, 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 Board of County Commissioners of Weld County, Colorado, approved the above and foregoing Resolution, on motion duly made and seconded, by the following vote on the 4th day of March, A.D., 2026, nunc pro tunc January 12, 2026: Scott K. James, Chair: Aye �r +esi,�, Jason S. Maxey, Pro-Tem: Aye ��SQ.4��� Perry L. Buck: Aye at.►: Lynette Peppier: Aye =,0'" Kevin D. Ross: Aye kr Approved as to Form: Bruce Barker, County Attorney Attest: Esther E. Gesick, Clerk to the Board c c CT13(EG), L3Q c c(KF), AcT(ct) 2026-0462 01\ \\\ate SD0136 EG0084 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 12, 2026, 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 of$1,100,000 in 2026, 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 %Jason Maxey, Chair P.O. Box 758 1150 O Street Greeley, Colorado 80632 2026-0462 1 SDUl3o 3/4 EGi 003 y- 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: .J c— S. Jason Maxey, Chairman, County Federal de/14V ,, Mineral Lease Act District Board of Directors ATTEST: ' BOARD OF COUNTY COMMISSIONERS Weld C unty lerk to the Board 4001111171.1.4440.4 WELD COUNTY,COLORADO BY: (,(i�l� ' 0061 Deputy Clerk to the Bo. d i�� ���; Itat K. James,Chair MAR 0 4 2026 .11 nit APPROV D AS TO FUNDING..S VED S T U ST • Controller Elected Official or epa ent Head APPRO('ED A • u ty Attorney 2 2026 HRP/LVR(Gravel Roads/Paved Roads) Road I From I To I Length Miles Year of Count AADT Single truck% Combo Truck% Total Truck% ESAL's Function Class. Notes Material Cost Completed Cost HRP(Gravel) 105 86 SH 14 2 12/14/2023 453 45% 30% 75% Collector Full Depth Mag $12,000.00 46.5 87 89 0.3 3/27/2025 330 48% 21% 69% Collerctor 2"clean rock&6"RAP,FDM $70,000.00 89 46.5 48 1 3/27/2025 330 48% 21% 69% Collerctor 2"clean rock&6"RAP,FDM $70,000.00 89 48 50 1 8/18/2011 48 21% 16% 37% Collerctor 2"clean rock&6"RAP,FDM $70,000.00 89 50 52 1 2/27/2025 305 56% 25% 81% Collerctor 2"clean rock&6"RAP,FDM $70,000.00 68 71.5 89 Full Depth Mag $120,000.00 89 46.5 68 Full Depth Mag $96,000.00 Total Gravel HRP $508,000.00 HRP(Paved) CTB,Base,7"HMA with TF811 Paving Fabric(HMA and Fabric 77 114 122 4 1/25/2024 748 25% 32% 57% 3,269,790 Arterial Cost only) $3,027,840.00 - CTB,Base,6.5"HMA with TF811 Paving Fabric(HMA and Fabric 41 SH52 20 3.5 7/14/2022 1,988 11% 13% 24% 2,821,297 Collector Cost only) $1,827,959.00 Total Pave HRP $4,855,799.00 Total for HRP $5,363,799.00 LVR(Gravel) 104 105 107 1 1/30/2025 251 51% 29% 80% Collector 2"Clean roack&6"RAP,FDM $70,000.00 104 107 109 1 1/30/2025 225 52% 32% 85% Collector 2"Clean roack&6"RAP,FDM $70,000.00 104 109 111 1 1/30/2025 225 52% 32% 85% Collector 2"Clean roack&6"RAP,FDM $70,000.00 104 111 113 1 1/30/2025 208 36% 54% 90% Collector 2"Clean roack&6"RAP,FOM $70,001.00 15 88.5 90 0.5 12/13/2024 328 26% 8% 34% Local Full Depth Mag $12,000.00 15 90 92 1 12/13/2024 258 23% 8% 31% Local Full Depth Mag $12,000.00 25 46 SH 60 1 4/12/2024 222 24% 2% 26% Local Full Depth Mag $12,000.00 16 15.5 17 1 3/28/204 499 11% 6% 17% Local 2"Clean roack&6"RAP,FDM $35,000.00 16 17 19 1 3/28/2024 471 15% 8% 24% Local 2"Clean roack&6"RAP,FDM $70,000.00 56 13 15 1 7/21/2025 259 23% 11% 34% Local 2"Clean roack&6"RAP,FDM $70,000.00 Total Gravel LVR $491,001.00 LVR(Paved) 5"HMA/Est.3"RAP over 8" 59 74 78 2 6/26/2023 521 16% 16% 32% 636,859 Local CTB) $635,995.00 5"H MA/Mill 4"off(8.5"RAP 13 68.5 CL 1.6 3/15/2023 3446 6% 2% 8% 1,725,362 Arterial only Ext.) $508,795.00 _ Total for Pave LVR $1,144,790.00 Total for LVR $1,635,791.00 Notes:Fed mineral lease funding highlighted in yellow total funds 1.5 Million.Total HRP funds 3.5 million and total LVR funds 2 million. EXHIBIT IA M:\Pavement Management\Planning\2026\2026 HRP-LVR updated 5.1.2025 Page 1 Hello