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Home My WebLink About20220247.tiffRESOLUTION RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR PAYMENT OF FEDERAL MINERAL LEASE FUNDS FOR ROAD IMPROVEMENTS PROJECT FUNDING AND AUTHORIZE CHAIR TO SIGN - 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 Payment of Federal Mineral Lease Funds for Road Improvements Project Funding, specifically the Haul Route Program Projects, 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, 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 Road Improvements Project Funding, specifically the Haul Route Program Projects, 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, 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 17th day of January, A.D., 2022. ATTEST: Weld County Clerk to the Board BY: Deputy Clerk to the Board WCounfrAttorney E AAS OR 1161 Date of signature: BOARD OF COUNTY COMMISSIONERS WEL COU Y, COLORADO Sc tt K. James, Chair EXCUSED M' ree an, Pro-Te erry L. Bu XCUSED teve Moreno Lori S 2022-0247 Cc:cT[i(E ,), FI(D'/So)1 j occ.(KP) SD0136 1197/22 EG0080 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 10, 2022, 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-pco-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 insturment. 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 $850,000 in 2022, 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 % Mike Freeman, Chair P.O. Box 758 1150O Street Greeley, Colorado 80632 2022-0247 (r) County: Board of Commissioners of the County of Weld P.O. Box 758 1150O 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: Mike Freeman, Chairman, Weld County Federal Mineral Lease Act District Board of Directors ATTEST:(VL1 Weld CyIy Clerk to the E BY: (1 Deputy Cle to the APPROVED AS TO FUNDIN c-4— IDg4 Controller APPROVED AS TO FORM: 1rr - County Attorney BOARD OF COUNTY COMMISSIONERS WELI1COUNTY�COLORADO K. James, Chair JAN 1 7 2022 AP ROVED AS TO SUBSTANCE: % Y Elected Official or Department Head 2, EXHIBIT 2022 Haul Route Projects D Program Location Existing Surface I Type of Improvement Length/mi District Cost Estimate CR22/31-41 Pavement Full Depth Reclamation/Pave 5 2 & 3 $ 1,767,356 CR119/104-110 CTB/Mag Reclaimed Recycled Asphalt Pavement 3 1 $ 450,000 CR34/49.5-53 Pavement Full Depth Reclamation/Pave 1.5 3 $ 429,551 CR390/112-136 (repairs) Pavement Full Depth Reclamation/Pave 1 1 $ 325,000 CR10/5-7 Gravel CTB/Base/Pave 1 3 $ 306,367 CR80/13.5-SH257 CTB/RAP ReWork RAP/ Pave 1.5 1 $ 423,316 Mtn View/Fir ave-CRS RAP/Chip Seal Rework RAP/ Reclamite 0.4 3 $ 120,000 Dilmont ave/end-E.18th st Gravel Site Work/Base/Pave 0.25 3 $ 140,741 CR44/53-57 Pavement Full Depth Reclamation/Pave 2.25 3 $ 656,696 ronQ 5J1; 5 cH257 6cavel GTD10 T 4-ag a 89-'.,3x4 $ 4,619,027 2022 HRP Projects J 13 25 35 45 55 65 75 85 95 105 115 125 135 145 155 - —.—^ 140 '-- ' " _"—�—'�'� i- ' ' i487.1 1';'�`_-� COL RAD0 L_l I _LL_1 L -- JL +--%- -! 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