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HomeMy WebLinkAbout20210073.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 11th day of January, A.D., 2021. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: datio Zkp:ok, Steve Mor;no, Chair Weld County Clerk to the Board ames, Pro BY: Perry L. Fuck APP ike Freeman unty ' torney Date of signature: 01/(g/2 CC: Pw(JmIsR/CH), ACTCBcico3 F I Oh-) /3O) 02 /02 /2( T. 2021-0073 SD0136 EG0079 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 4, 2021, 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 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 $1,000,000 in 2021, as funding for the various road improvement projects on Weld County Roads detailed in Exhibit A. Progress payments shall occur as projects are completed. 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 1150 O Street Greeley, Colorado 80632 County: Board of Commissioners of the County of Weld 1 2021-0073 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: Mike Freeman, Chairman, Weld County Federal Mineral Lease Act District Board of Directors ATTEST: diserhiVG Weld ' o my Clerk to the BY Deputy BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Steve Moreno, Chair JAN 1 12021 APPROVED A TO_FUNDI APPROVED AS TO SUBSTANCE: Controller APPROVED AS TO FORN�I:. County Attorney Elected Official or Department Head 2 �D�/ - oo73 6) 2021 Haul Route Projects k Group Gravel Roars Maintenance Location CR6/13.5-191 CR53/US34-58 CR43/60.5-SH392 CR42/35-39 C 844/49-53 CR119/104-11O CR10/15-19 CR89/46.5-68 Existing Surface Pavement Pavement Type of Improvement Full Depth Reclamation/Pave Full Depth Reclamation/Pave Pavement Full Depth Reclamation/Pave Gravel Pavement CR68/71-79.5 CTB-Mag Gravel Gravel Gravel Cement Treated Base/Pave Full Depth Reclamation/Pave Reclaimed Recycled Asphalt Pavement Reclaimed Recycled Asphalt Pavement Full Depth Mag Chloride Length/111i 2.5 1 3.75 2 2 3 2 11 Full Depth Mag Chloride 4.5 District 3 3 1 3 3 1 3 3 1 Cost Estimate $ 804,480 $ 375,135 $ 1,406, 756 $ 640,270 $ 641,780 $ 375,000 $ 250,0{}0 220,000 90,0010 $ 4,803,421 'h rof 15 15 25 4` 35 45 140 1 ----- Jr- ----- ,I< i 130 } lie ._L._.__. . I L I I. _1, I __ -. I L 11 I w I I I I i I k---.1----J__1--P- i L J r I I I L ,. 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