NEW MEXICO DEPARTMENT OF TRANSPORTATION … · The New Mexico State Transportation Commission (STC...
Transcript of NEW MEXICO DEPARTMENT OF TRANSPORTATION … · The New Mexico State Transportation Commission (STC...
NEW MEXICO
DEPARTMENT OF TRANSPORTATION
TRANSPORTATION COMMISSION MEETING
May 22, 2019
New Mexico Farm & Ranch Heritage Museum
4100 Dripping Springs Road
Las Cruces, New Mexico 88011
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NEW MEXICO STATE TRANSPORTATION COMMISSION New Mexico Farm and Ranch Heritage Museum
4100 Dripping Springs Road Las Cruces, New Mexico 88011
May 22, 2019 8:30 am
Meeting Agenda
1. Call to Order: Walter G. Adams, Chairmana. Pledge of Allegiance
2. Approval of Agenda: Walter G. Adams, Chairman
3. Approval of Minutes: Regular Meeting of April 18, 2019
4. Introductions: Walter G. Adams, Chairmana. Elected Officialsb. Commission Membersc. NMDOT Executive Staff
5. Welcoming Remarks: Walter G. Adams, Chairman
6. Public Comment
7. NMDOT and CBBG Research Partnership: Dr. Paola Bandini, Associate Professor of CivilEngineering, NMSU
8. District One Presentation: Trent Doolittle, P.E., District One Engineer, NMDOT
9. Staff Briefings:a. FHWA Report: J. Don Martinez, Division Administrator, FHWA
b. Secretary Report: Michael R. Sandoval, Cabinet Secretary, NMDOT
10. Finance Reportsa. Monthly Financial Report: Mallery Manzanares, Budget Director, and Acting
ASD Director, NMDOT
b. Approval of Budget Adjustment Request (BAR) No. 13- Motorcycle Fund:Franklin Garcia, MODAL Division Director, NMDOT
c. Approval of Budget Adjustment Request (BAR) No. 4- Business Support:Mallery Manzanares, Budget Director, and Acting ASD Director, NMDOT
d. NMFA Report: Mark Lovato, Investment Manager, NMFA
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e. Approval of FY20 Local Government Road Fund Projects: Marcos B. Trujillo,
Project Oversight Director, NMDOT and Clarissa Martinez, Local Government Program Manager, NMDOT
11. Infrastructure Committee a. Approval of Continued Use of the “Jal Route” as a Temporary, Negotiated
Alternate Southern WIPP Route : Rick Padilla, P.E., State Maintenance Engineer, NMDOT
12. Policy Committee a. Approval of Proposed Changes to STC Meeting Schedule Dates and Locations:
Michael Sandoval, Cabinet Secretary, NMDOT
13. Adjournment
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Agenda Items 1-2
1. Call to Order: Walter G. Adams, Chairman
a)Pledge of Allegiance
2. Approval of Agenda: Walter G. Adams, Chairman
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Tab 3 Approval of Minutes
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NEW MEXICO STATE TRANSPORTATION COMMISSION
MEETING
Crown Plaza Hotel
1901 University Blvd NE.
Albuquerque, New Mexico 87102
April 18, 2019
The New Mexico State Transportation Commission (STC or Commission) held a regular
meeting on April 18, 2019, at The Crown Plaza Hotel, Albuquerque, New Mexico. Commissioner
Adams called the meeting to order at 8:46 a.m.
Swearing in of Commission Members
The Honorable M. Monica Zamora, Chief Judge of the New Mexico Court of Appeals,
swore in all State Transportation Commissioners, including continuing Commissioner Keith
Mortensen, District Three, and Commissioners recently appointed by Governor Michele Lujan
Grisham. The new Commissioners are: Jennifer Sandoval, District One; Bruce Ellis, District
Two; Walter G. Adams, District Four; and Charles Lundstrom, District Six.
Approval of the STC Meeting Agenda
Commissioner Adams asked for a motion to approve the STC meeting agenda;
Commissioner Mortensen made a motion to so approve the agenda; Commissioner Ellis
seconded; motion carried unanimously.
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Approval of the STC Minutes
Because the new Commissioners were not present at the January 25, 2019 STC meeting,
Secretary Sandoval stated that he was present at the meeting, reviewed the meeting minutes and
confirmed their accuracy.
Commissioner Adams asked for a motion to approve the January 25, 2019 STC
meeting minutes; Commissioner Lundstrom made a motion to so approve; Commissioner
Mortensen seconded; motion carried unanimously.
Election of STC Officers
Commissioner Adams asked for a nomination and a motion to nominate a STC
Chairman; Commissioner Mortensen nominated Commissioner Adams as STC Chairman
and made a motion to approve the nomination; Commissioner Lundstrom seconded; motion
carried unanimously.
Chairman Adams stated that he is humbled and honored to serve as STC Chairman. He
also stated that the Commission will make every effort possible to serve the State of New Mexico,
the traveling public, and NMDOT employees.
Chairman Adams asked for a nomination and a motion to nominate a STC Vice-
Chair; Commissioner Lundstrom nominated Commissioner Sandoval as STC Vice-Chair
and made a motion to approve the nomination; Commissioner Mortensen seconded; motion
carried unanimously.
Chairman Adams asked for a nomination and a motion to nominate a STC Secretary;
Commissioner Mortensen nominated Commissioner Lundstrom as STC Secretary and made
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a motion to approve the nomination; Commissioner Ellis seconded; motion carried
unanimously.
Introductions
Michael Sandoval, Cabinet Secretary, NMDOT, congratulated the new STC Chairman,
Vice-Chair and Secretary, and all of the Commissioners on their appointments by Governor Lujan
Grisham. He introduced himself to the Commissioners and gave a brief overview of his NMDOT
work experience. He stated he has learned much more about NMDOT since being named Cabinet
Secretary and that he appreciates all of the support he has received the last four months from
NMDOT staff, former STC Commissioners, as well as local and elected officials. He looks
forward to working with the new Commission.
Elected Officials and Delegations:
The Honorable Charles Griego, Mayor, Village of Los Lunas
The Honorable Klarissa J. Peña, Albuquerque City Council President, District 3
The Honorable Cynthia Borrego, Albuquerque City Council Vice-President, District 5
The Honorable Issac Benton, Albuquerque City Council, District 2
The Honorable Joy Garratt, New Mexico State Representative, District 29
The Honorable Benny Shendo, Jr., New Mexico State Senator, District 22
The Honorable Harry Garcia, New Mexico State Representative, District 69
Victor Reyes, Legislative Director, Office of the Governor
State Transportation Commissioners Present:
Jennifer Sandoval, Vice-Chair, District One
Bruce Ellis, Commissioner, District Two
Keith Mortensen, Commissioner, District Three
Walter G. Adams, Chairman, District Four
Vacant, District Five
Charles Lundstrom, Secretary, District Six
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NMDOT Staff Present:
Michael Sandoval, Cabinet Secretary
Kenneth B. Baca, General Counsel
NMDOT Staff
Welcoming Remarks
The Honorable Harry Garcia, New Mexico State Representative, District 69, introduced
himself to the STC, congratulated all of the Commissioners on their appointments, and thanked
meeting participants for attending.
The Honorable Joy Garratt, New Mexico State Representative, District 29, introduced
herself and stated, “When people move, ideas move”. She is a member of the House
Transportation Committee and believes this STC meeting is one of the most important meetings
to attend this year to help fix State roads and the transportation system.
The Honorable Benny Shendo, Jr., New Mexico State Senator, District 22, introduced
himself and a couple of other members of Tribal Government present at the meeting.
The Honorable Cynthia Borrego, Albuquerque City Councilor, District 5, congratulated
the Commissioners on their appointments and welcomed meeting attendees to Albuquerque. She
introduced Lawrence Rael, Chief Operating Officer, City of Albuquerque; Patrick Montoya,
Director of the Municipal Development Department; and Tom Menicucci, Project Manager, City
Council, City of Albuquerque. She thanked NMDOT for being a great partner to the City of
Albuquerque, and stated she had the privilege of receiving $2.1 million for the expansion of Paseo
Del Norte on the west side of Albuquerque.
The Honorable Charles Griego, Mayor, Village of Los Lunas, thanked the STC for its time.
He reported that for the past 21 years, the Village has been working with NMDOT on an
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interchange project in Los Lunas. During the 2019 Legislative Session, the Village received a $10
million appropriation to help move the project forward. He looks forward to providing the STC
with an update on the project at a later date.
Chairman Adams recognized Mr. Victor Reyes, Legislative Director, Office of the
Governor He also acknowledged Bill McCamley, Cabinet Secretary, and Ricky Serna, Deputy
Secretary, New Mexico Department of Workforce Solution, for being extremely helpful with the
rapid hires NMDOT has been working on in order to bring its vacancy rate down.
Secretary Sandoval thanked Mr. Reyes for attending the STC meeting and for his work
during the 2019 Legislative Session.
Federal Highway Administration (FHWA) staff and NMDOT Executive Staff
introductions followed.
Michael Sandoval, Cabinet Secretary, NMDOT, introduced NMDOT Senior Staff
members, Rick Padilla, P.E., State Maintenance Engineer; Tamara Haas, Asset Management &
Planning Division Director; and Mallery Manzanares, Budget Director and Acting ASD Director,
and acknowledged them for being exceptionally helpful over the past four months since his
appointment as Cabinet Secretary.
The welcoming remarks portion of the meeting concluded with introductory comments by
new and continuing Commissioners.
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Department Goals and Overview
Secretary Sandoval discussed 2019 Legislative Session highlights and his priorities as
Cabinet Secretary. He stated the 2019 Session was one of the most successful he has seen in the
20 years he has served as a NMDOT liaison at Legislature. It was due, in large part, to the new
Administration and the Governor’s robust agenda, a good portion of which was accomplished.
One of the items on the agenda was roads.
NMDOT’s base budget for FY 2020 is $915 million, which will be used primarily for road
needs and construction throughout New Mexico. NMDOT’s base budget consists of funding from
the following sources: (1) approximately $400 million from Gasoline Tax, Special Fuel Tax, Motor
Vehicle Registration fees and Weight/Distance Tax; (2) approximately $500 million from Road
Fund; and (3) approximately $400 million from FHWA and other federal partners. NMDOT does
not generally receive any General Fund appropriations for its base budget; accordingly, the budget
is usually all revenue based. However, this year because of the State’s considerable surplus,
NMDOT will receive a one-time General Fund appropriation of $400 million. This will allow
NMDOT to triple its construction program. $250 million will be used for major investment
projects (approximately $125 million is earmarked for specific projects, and the other $125 million
is for discretionary use by NMDOT and the STC); $89 to $100 million will be divided equally
among the six districts (per House Bill 2, General Appropriation Act of 2019), the total amount
will depend on the surplus funds available on June 30, 2019; and $50 million will go to the new
Local Government Transportation Project Fund. Through the passage of House Bill 6, Tax
Changes, the recurring funding NMDOT will receive from Motor Vehicle Excise Tax (MVET)
will increase from 3% to 4% per year. Because the State budget, in significant part, is derived
from oil and gas revenues in the Permian Basin in District Two, the first two years of funding from
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the MVET increase, which amounts to approximately $55 million per year, about $110 million in
total, will go to District Two to address road needs in the Permian Basin. In year three, FY 22 and
going forward, the percentage that NMDOT will receive from the 4% of MVET will increase
1.5%, which equals approximately $84 million per year. NMDOT still has about $3 billion in
unmet needs, but the appropriated funds will certainly help move NMDOT forward toward making
some needed improvements.
Specifically in District Three, $10 million is earmarked for the Los Lunas East and West
Corridor project, which is lacking about $70 to $80 million to complete; NMDOT will be adding
$20 million, so the project will receive $30 million in total; and NMDOT is still looking at adding
another $20 million. In addition, $8 million is set aside for the final study and design of the I-
25/Gibson interchange. And finally, $3 million is set aside for purchasing the remaining right of
way needed for the Paseo del Volcan project.
Secretary Sandoval provided an overview regarding the Local Governments Road Fund,
including information regarding funding, match requirements and hardship waivers. He also
discussed the particulars of the new Local Government Transportation Project Fund. He outlined
the STC’s responsibilities with respect to both funds and identified certain dates for proposal
submissions and STC approvals.
The Secretary also discussed one of NMDOT’s other priorities, first and foremost, safety.
Last year, there were 390 fatalities on New Mexico roadways, and of those, 126 were alcohol
related. He mentioned certain improvements that can be made to improve highway safety, and
specifically mentioned Marcus Gutierrez, a District Four employee, who was removing snow from
a particularly bad storm a couple of months ago. He finished his shift around midnight, got in a
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truck and was heading home when he hit a patch of ice and was killed in a crash. Consequently,
safety is a priority to NMDOT because of people like Marcus, who after working a 12-hour shift
was not able to make it home, and is no longer with us. It is very important to NMDOT to get
people home safely to their families and friends.
Reducing NMDOT’s vacancy rate, recruitment and retention are also NMDOT priorities.
NMDOT is working on building career pathways for staff, including offering training,
development and better opportunities. Changes are already being made.
Removing bottlenecks within NMDOT is also a priority. Secretary Sandoval has been
meeting with staff to identify where bottlenecks exist within projects and to discuss how to
improve processes. The Secretary is committed to providing support, resources and training, and
to filling vacancies so that bottlenecks do not remain an issue, especially with respect to using new
funding to move projects forward. He also discussed his intention to explore with the Governor
and Legislature, new funding opportunities for NMDOT; improving NMDOT’s letting schedule
and prequalification, specifically implementation and establishing fair criteria; working with
contractors; the importance of building internal and external relationships and communication; and
developing the attitude and mentality of caring about the entire road system and all communities
within the State.
Secretary Sandoval mentioned that later in the STC Meeting, a request will be made to
change the May 16, 2019 STC meeting date to May 23, and the location of the meeting to Las
Cruces. It will be up to each Commissioner to choose where in their district they would like the
STC meeting to be held. Secretary Sandoval informed the STC that a commitment has been made
to hold a STC meeting in Hobbs, possibly in September or later in the year, because of the necessity
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to see some of the road conditions and discuss the issues that are arising from the boom in oil and
gas.
The Secretary also outlined various options regarding Commission meetings, including
scheduling, duration, frequency, location choices, attire, and staff support and coordination.
“Best of New Mexico” Paving Awards
Brian Jones, Executive Director, Asphalt Pavement Association of New Mexico,
congratulated the Commissioners on their appointments and presented 2018 Best of New Mexico
paving awards. The 2018 award winners were: (1) District One for city street reconstruction on
US 70, MP 149.2 - 149.5, Spitz, Solano, Three Crosses, and North Main intersections; (2) District
One for preventive maintenance surface seal treatment on NM 27, MP 15 - MP 27; (3) District
Two for an innovative technology project on US 285, MP 120.1 - 131.5; (4) District Four for rural
highway resurfacing on I-40, MP 262.9 - MP 269.9; and (5) District Six for rural highway
reconstruction on NM 6, MP 0.272 - 18.475.
Public Comment
Mahesh Sita, Government Relations Director, New Mexico American Heart Association,
distributed a handout entitled “Introduction to Complete Streets”. He explained that “Complete
Streets” is one of the American Heart Association’s priority projects. Complete Streets are streets
that can be used safely and comfortably and are easy to cross. New Mexico is ranked number 7 in
the United States for pedestrian safety, and Albuquerque is ranked number 17. The Heart
Association is working with the City of Albuquerque and the Mayor’s office to strengthen the
City’s “Complete Streets” ordinance to make street access and crossing safer for all pedestrians.
Mr. Sita requested that NMDOT and the STC consider using a portion of the Local Governments
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Road Fund money for Complete Streets improvement projects in Albuquerque and other cities in
New Mexico.
The Honorable David Toledo, Governor, Jemez Pueblo, congratulated the Commissioners
on their appointments. He also expressed his gratitude to NMDOT for all of its assistance in the
past, and stated that he was was grateful that Pueblo representatives were able to meet recently
with District Six staff.
Bert Thomas, President, American Council of Engineering Companies of New Mexico
(ACEC), introduced the consultants at the meeting, who have been working with NMDOT to put
together programs. He also welcomed the new Commissioners and congratulated them on their
appointments. He stated he appreciates ACEC’s strong relationship with NMDOT and
congratulated Secretary Sandoval on his appointment as Cabinet Secretary. He looks forward to
continuing the good working relationship with NMDOT.
The Honorable Harry Garcia, New Mexico State Representative, District 69, commented
he looks forward to having a prosperous year this year because of good funding, and hopes that it
continues next year. He also thanked NMDOT employees.
Issac Benton, Albuquerque City Councilor, District 2, introduced himself and
congratulated the Commissioners on their appointments. He acknowledged District Engineer Ken
Murphy and highlighted the importance of the interaction between the City of Albuquerque and
NMDOT. It has been a great working relationship over the years. He also expressed that he is
especially pleased with the appointment of Secretary Sandoval as Cabinet Secretary. He
mentioned the increasingly difficult conditions at Rio Grande Boulevard and the I-40 interchange,
especially during the afternoon rush hour with people trying to get on I-40 and cross westbound
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over the river. Lastly, he discussed the City’s ongoing efforts to improve the safety of City streets
by the use of “Vision Zero” to help reduce pedestrian deaths.
Lawrence Rael, Chief Operating Officer, City of Albuquerque, congratulated the
Commissioners and the Secretary on their appointments. On behalf of Mayor Keller and City of
Albuquerque, he welcomed everyone to Albuquerque. He thanked the STC for visiting with
communities, and NMDOT for its work that directly impacts economic development and growth
in the State. He extended an invitation on behalf of the Mayor to meet with him when possible to
discuss issues. Finally, he mentioned looking forward to working with NMDOT on projects
related to the Albuquerque Balloon Fiesta, including traffic management, access and alternative
routes.
District Three Presentation and Employee Recognition
Kenneth Murphy, P.E., District Three Engineer, NMDOT, gave a presentation regarding
District Three activities, during which he discussed the District’s various projects and maintenance
accomplishments. He also reported on the District’s Employee Recognition Program,
acknowledged the recent award winners, and introduced other District staff members in attendance
at the meeting.
Training for Equipment Excellence Winners
David Trujillo, P.E., Special Projects Engineer, NMDOT, presented the 2018 Training for
Equipment Excellence awards, and introduced the fourth-time statewide winners from District
Four: Margarito Encinias; Jose Gonzales; Joseph Garcia; Edward Crespin; Marcus Gutierrez;
Aaron Montoya; Jeffery Willebrand; Chris Lucero; Joe Lavender; Larry Saiz; Charlie Romero;
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Robert Chavez; Phillip Ulibarri; James Lopez; John Samson Baca; Ricardo Archuleta; Jake
Gonzales; Jeremy Trujillo; and Dominic Pacheco. Mr. Trujillo then acknowledged Marcus
Gutierrez, the District Four employee who lost his life in a tragic accident on February 23, 2019.
Marcus was only 26 years old, an eight-year veteran of NMDOT District Four, with the Wagon
Mound Patrol, and the 2017 first place winner of the backhoe competition. He also competed in
the 2018 state tournament.
Mr. Trujillo stated that he was the District Four Engineer for the past six years and was
recently appointed by Secretary Sandoval as the NMDOT Special Projects Engineer at the General
Office. He thanked District Four staff for a wonderful six years and for the outstanding work they
do in keeping the roadways safe, clean and clear for the traveling public.
Staff Briefings
FHWA Report
Rodolfo Monge-Oviedo, FHWA, discussed the NMDOT/FHWA Executive Dashboard
Metrics report for the second quarter of federal fiscal year 2019. He outlined certain statistics
concerning district change orders; claims; the federal aid obligation execution rate; closeout
transactions; inactive balances and projects; STIP obligations; and the Highway Safety
Improvement Program (HSIP).
Secretary Report
Michael Sandoval, Cabinet Secretary, NMDOT, thanked the Commissioners for taking the
time to recognize NMDOT employees. Employee recognition is very important to NMDOT and
is a small token of appreciation for all the hard work that employees do. They are really the heart
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and soul of NMDOT, out on the roads, sometimes working nights, and often away from their
families. Employee recognition means a lot to them. It is good for moral and the right thing for
NMDOT to do.
Secretary Sandoval introduced Marcos Trujillo, Project Oversight Director, NMDOT, who
presented a certification related to the Second Amendment to the BNSF Taxable Revolving Line
of Credit Agreement by and among NMDOT, New Mexico Finance Authority (NMFA) and Wells
Fargo Bank (“Certification”), that requires the signature of new STC Chairman. He explained that
NMDOT manages the funding and debt for the Rail Runner that is part of NMDOT’s bond
program. He further explained that when NMDOT purchased the track and right of way from
BNSF for the Rail Runner, BNSF required NMDOT to put in place a liquidity facility, in excess
of NMDOT’s insurance policy, to cover costs in the event of a catastrophic occurrence. As part
of that transaction, NMDOT later acquired a $50 million Taxable Line of Credit at Wells Fargo
Bank, which is set to expire, and consequently needs to be extended for a three-year period. In
January, the STC executed Resolution No. 2019-02 (JAN), that authorized the execution of certain
amendments to extend the termination date of the Line of Credit from June 30, 2019 to June 30,
2022. The Certification is part of the package required by Wells Fargo to complete the transaction.
Chairman Adams asked Secretary Sandoval for his recommendation regarding the
Certification.
Secretary Sandoval confirmed the Line of Credit extension was approved by the former
STC and the related STC Resolution was executed by the former Commissioners. Accordingly,
the Certification needs to be signed by the new STC Chairman. He therefore recommended that
Chairman Adams sign the Certification.
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Secretary Sandoval asked for the STC’s approval to change the date and location of the
May 16, 2019 STC meeting in Deming to May 22, 2019 in Las Cruces.
Chairman Adams asked for a motion to approve the change of date and location of
the May meeting from May 16, 2019 in Deming to May 22, 2019 in Las Cruces;
Commissioner Mortensen made a motion to so approve the change; Commissioner Ellis
seconded; motion carried unanimously.
Annual Report to State Auditor Regarding Regional Transit Districts (RTDs)
David Harris, Transit and Rail Division Director, NMDOT, presented NMDOT’s Annual
Report to the State Auditor regarding RTDs. He explained that under the provisions of
Commission Policy 90, Certification of Regional Transit District (RTD), and NMSA 1978, Section
73-25-15 (B), the STC is required to file an annual report with the State Auditor concerning the
activities of all active RTDs. The report details how many districts have been created, describes
their boundaries and specifies the regional transit systems that are being provided and how they
are being funded. The report will be sent to the State Auditor after the STC meeting.
Mr. Harris also reported that in November, the sunset/expiration date was removed from
North Central Regional Transit District’s (NCRTD) 1/8th of 1 percent gross receipts tax, so it will
now continue in perpetuity. NCRTD also received $5.1 million via two separate grants from the
U.S. Department of Transportation to build a fueling and maintenance facility on its property in
Espanola, New Mexico. Ridership in the area served by NCRTD has been increasing.
Accordingly, NMRTD is planning to extend services into Angel Fire, New Mexico. Mr. Harris
also briefly discussed the Rio Metro Regional Transit District’s Positive Train Control project and
the status of the Southwest Regional and South Central Regional Transit Districts.
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Finance Reports
NMDOT Monthly Financial Report
Mallery Manzanares, Budget Director and Acting ASD Director, NMDOT, presented the
NMDOT operating budget and financial report as of April 1, 2019. Current program vacancy rates
are as follows: Project Design and Construction (P562), 26%; Highway Operations (P563),
17.1%; Business Support (P564), 17%; and Modal (P565), 19.5%. The current budget for Project
Design and Construction is $608.4 million, with a remaining balance of $232.4 million; Highway
Operations, $247.6 million, with a remaining balance of $75.1 million; Business Support, $42.7
million, with a remaining balance of $12.7 million; and Modal, $71.3 million, with a remaining
balance of $20.2 million. Ms. Manzanares also discussed NMDOT cash balances and restricted
fund balances.
Approval of FY20 Budget Request
Laura Bianchini, Economist, NMDOT, presented the 2019 revenue forecast. She
explained that because this forecast was prepared in January, it does not include the recurring
revenue NMDOT will receive from the 2019 legislative appropriations. She discussed NMDOT’s
four major sources of revenue, Gasoline Tax, Special Fuel Tax, Weight/Distance and Motor
Vehicle Registration, and detailed revenue expectations for FY20.
Mallery Manzanares, Budget Director, and Acting ASD Director, NMDOT, presented and
requested approval of NMDOT’s FY20 operating budget, as appropriated by House Bill 2, the
General Appropriation Act of 2019 (HB 2), signed by Governor Michele Lujan Grisham on April
5, 2019 (Laws 2019, Chapter 271). The total FY20 operating budget is $915.3 million, which
represents a $28.9 million increase from the approved FY19 operating budget. This appropriation
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is supported by $447.6 million from State Road Fund revenue; $41.6 million from Restricted Fund
revenue; $3.5 million from a transfer from other agencies; $21.0 million from State Road Fund
balance and Restricted Fund balance; and $401.5 million from federal sources. It includes a $19.8
million increase to Project Design and Construction; a $12.6 million increase to Highway
Operations; a $0.5 million increase to Business Support; and $4.0 million decrease to Modal. Ms.
Manzanares outlined the major differences between the FY19 and FY20 operating budget
appropriations and the particulars of each NMDOT program. She also discussed the one-time
special appropriations to NMDOT in HB 2 and the recurring Motor Vehicle Excise Tax funds
appropriated to NMDOT by 2019 House Bill 6, signed by the Governor on April 4, 2019 (Laws
2019, Chapter 270).
Commissioner Lundstrom inquired about the process Ms. Manzanares used to budget full-
time employees (FTEs) given the different vacancy rates in the districts. Ms. Manzanares
responded that the rates vary by district, and are a little higher than usual because NMDOT has
been dealing with the Human Resources consolidation.
Chairman Adams commented that NMDOT recently partnered with the Department of
Workforce Solutions on a rapid hire program in an effort to reduce the vacancy rate. He explained
the differences between that process and the usual State Personnel Office hiring process.
Secretary Sandoval discussed the vacancy rate and NMDOT’s difficulties hiring for certain
positions because of the current pay scale.
Chairman Adams asked for a motion to approve the FY20 operating budget;
Commissioner Lundstrom made a motion to so approve; Commissioner Ellis seconded;
motion carried unanimously.
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New Mexico Finance Authority (NMFA) Monthly Report
Mark Lovato, Investment Manager, NMFA, provided an update regarding NMDOT’s
investment portfolio funds under NMFA management and NMDOT/NMFA’s outstanding bond
debt service as of March 31, 2019. NMDOT has nine bond series outstanding, which total
$1,082,320,000. It is a fairly short program, with the final maturity in 2030. NMDOT makes
payments on the debt semi-annually, June 15 and December 15. The principal debt service
payment due on June 15, 2019 is $93,650,000, plus interest in the amount of $26,294,975, which
totals $119,944,975. On December 15, 2018, NMDOT paid down $9,140,000 in principal,
$25,774,756 in interest, for a total of $34,914,756. Accordingly, for FY 2019, after the June 15,
2019 payment, NMDOT will have paid $102,790,000 in principal, $52,069,731 in interest, which
amounts to a total of $154,859,731 for debt service. Currently, there is $225,926 in the arbitrage
rebate account, $8.1 million in the project account, and $103.4 million in the debt service account.
On March 31, 2019, the balance in NMDOT’s taxable line of credit at Wells Fargo was $50 million
for the BNSF requirement. The line of credit will expire at the end of the fiscal year on June 30,
2019, but will be renewed for an additional three years. The existing terms will not change. The
commitment fee is paid quarterly at the rate of 20 basis points. $25,000 was paid in March.
Request for Approval of FY19 Budget Adjustment Request (BAR) No. 11 - US 550 Warranty
Rick Padilla, P.E., State Maintenance Engineer, NMDOT, presented and requested
approval of FY19 BAR No. 11 - US 550 Warranty. The BAR is required to increase budget
authority for the US 550 Warranty Program (Category 300) by $5.5 million. The agreement with
Mesa PDC for Corridor 44 (US 550) Professional Services and warranty, executed on July 27,
1998, stipulates that eligible work covered by the warranty must be administered by the State,
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including procurement of services and payment to the contractor performing the services. Mesa
PDC will reimburse NMDOT for a percentage of the expenditures. The percentage is based on an
inflationary clause in the agreement. A total of $5.5 million is needed this year. Mesa PDC will
reimburse NMDOT at the rate of 78.0% ($4.29 million) and NMDOT’s match is 22.0% ($1.2
million).
Chairman Adams asked how much longer NMDOT is tied to the warranty. Mr. Padilla
responded that the remaining segments of the warranty will expire within two years, and thereafter
NMDOT will be responsible for all maintenance.
Chairman Adams asked for a motion to approve FY19 BAR No. 11 - US 550
Warranty; Commissioner Ellis made a motion to so approve; Commissioner Lundstrom
seconded; motion carried unanimously.
Policy Reports
Commission Policy 30 , Office of Inspector General (CP 30)
Jeff Canney, Inspector General, NMDOT, discussed the provisions of CP 30. CP 30
specifies the purpose, authority and responsibilities of the NMDOT Office of Inspector General
(OIG). In particular, CP 30 requires the OIG to provide audit reports to the STC on a quarterly
basis. Accordingly, Mr. Canney will be personally visiting with Commissioners at certain STC
meetings and will be providing them with an envelope containing OIG audits for the preceding
month or two. Mr. Canney expressed his appreciation to Commissioner Mortensen, who, for the
past couple of years, has served as the STC liaison for the OIG. With the approval of the Chairman,
Commission and Secretary Sandoval, Mr. Canney will continue to have Commissioner Mortensen
serve in that capacity.
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Secretary Sandoval briefly outlined the role Mr. Canney serves for NMDOT. He asked
that the Commissioners keep all audits confidential, and specifically stated that if an individual
requests a copy of an audit, the individual should instead be directed to make an Inspection of
Public Records Act (IPRA) request. Commissioners should not deal with such requests
themselves. For example, if the media wants to see a particular investigation, NMDOT will handle
the request internally. Mr. Sandoval further explained that NMDOT is required to submit to an
annual financial audit by an external auditor, the results of which are presented to the STC by Ms.
Manzanares.
Mr. Canney described the types of audits performed by the OIG and the manner in which
they are conducted.
Request to Initiate Rulemaking Action to Adopt a New Rule to Administer the “Local
Government Transportation Project Fund”
Stephen P. Thies, Assistant General Counsel, NMDOT, presented and requested approval
to initiate rulemaking action to adopt a new rule to administer a new fund to be known as the
“Local Government Transportation Project Fund” (LGTPF). He explained that during the 2019
legislative session, NMDOT staff sought the passage of House Bill 694 (HB 694), to create the
LGTPF to fund local transportation projects. The LGTPF will serve as a mechanism to
expeditiously distribute appropriated General Fund money using NMDOT’s existing Metropolitan
Planning Organization and Regional Transportation Planning Organization planning process to
review and prioritize local projects, which will then be presented to the STC for approval.
NMDOT will enter into agreements with local governments to provide for the distribution of funds
to the local governments. It is anticipated that use of the LGTPF instead of the existing Local
24
Governments Road Fund will allow funds to be distributed to local governments by the end of the
first half of FY20, which in turn will allow construction of approved projects to begin in the last
half of FY20. HB 694 was passed by the Legislature with unanimous bipartisan support. The
Governor signed the bill on April 3, 2019 (Laws 2019, Chapter 205), and through HB 2, the
Legislature appropriated $50 million to the LGTPF.
Since the LGTPF is new, details related to the administration and oversight of the LGTPF
need to be developed. This would be accomplished through the adoption of a new rule. However,
due to the normal time periods associated with the adoption of a new rule, in order to comply with
the requirement in HB 694 that a list of projects be presented to the STC by August 1, 2019, staff
is proposing to initiate emergency rulemaking in addition to opening the regular rulemaking
process that will lead to a final permanent rule. Accordingly, Mr. Thies requested the STC to
authorize both the initiation of emergency rulemaking and regular rulemaking proceedings for the
LGTPF.
Secretary Sandoval explained that NMDOT needs to develop the emergency and final rules
to clarify the details of the new law, and even though NMDOT has the statutory authority to do
so, it needs the STC’s approval to start the rulemaking process.
Chairman Adams asked Secretary Sandoval for his recommendation regarding the
initiation of rulemaking proceedings. The Secretary recommended that the Commission approve
the request so NMDOT may establish the rule for local governments.
Chairman Adams asked for two motions to approve the initiation of the rulemaking
action for: (1) an emergency rule implementing the LGTPF; and (2) a new rule
25
implementing the LGTPF; Commissioner Lundstrom made motions to so approve;
Commissioners Ellis and Sandoval seconded; motions carried unanimously.
Chairman Adams asked about the possibility of having a STC workshop to give
Commissioners an opportunity to learn more about NMDOT and their responsibilities as
Commissioners. Secretary Sandoval responded that NMDOT staff has been developing an
orientation workshop that will include important information about Commission responsibilities,
protocol, conduct, meetings and policies, as well as details about NMDOT’s business, operations,
funding, bonding program, processes and procedures. The workshop will give the Commissioners
the opportunity to ask any questions they may have.
Adjournment
Chairman Adams adjourned the regular meeting at 12:20 p.m.
__________________________ ________________________
Chairman Secretary
Walter Adams Charles Lundstrom
26
Tab 4-5 Introductions &
Welcoming Remarks
27
Tab 6 Public Comment
28
Commission Brief
SUBJECT: Public Comment
PRESENTER:
BACKGROUND:
ACTION: No Action
29
Tab 7 NMDOT & CBBG
Research
Partnership
30
Commission Brief
SUBJECT: NMDOT and CBBG Research Partnership
PRESENTER: Dr. Paola Bandini, Assoc. Professor of
Civil Engineering, New Mexico State University
BACKGROUND:
NMSU is a core-partner of the NSF-funded Engineering Research Center for Bio-mediated and Bio-inspired Geotechnics (a partnership with Arizona State University as lead, Georgia tech, and the University of California at Davis). Dr. Bandini is the NMSU campus Lead for CBBG and co-PI of the NSF grant that funds the Center ($18.5M first 5 years, 2015-2020). CBBG is preparing a proposal for a 5-year renewal ($18.5M, 2020-2025). We will present and discuss the opportunity for NMDOT to join CBBG as an Industry Partner through the CBBG’s Industry/Practitioner Membership Agreement. As a CBBG Industry Member, NMDOT can provide field sites to test the technologies that CBBG is developing as well as influence the selection of the research problems that CBBG will work on. Arizona DOT is already a CBBG partner. Other partners are listed here: https://cbbg.engineering.asu.edu/industry-partners/industry-members/ There is no fee for the Associate Membership (reserved for government agencies).
ACTION: Approve NMDOT to join CBBG Industry
Partners Program
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5/13/2019
1
Center for Bio-mediated and Bio-inspired Geotechnics
(CBBG)
Paola Bandini, PhD, PEWells-Hatch Associate Professor, NMSU
CBBG Campus Lead, Thrust [email protected]
https://cbbg.engineering.asu.edu/
Engineering Research Center Funded by NSF $18.5 M first 5 years (2015‐2020) Renewal proposal (2020‐2025) Applied research, education, outreach
Four core academic partners Arizona State University (lead), New Mexico State, Georgia Tech, University of California at Davis
Industry Partners Program Consultants, Contractors, Owners, Government Agencies
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2
Biogeotechnics Learn from nature Harness biological processes to transform the engineering of geotechnical systems
Bio‐mediated processes: Managed and controlled through biological activity (living organisms)
Bio‐inspired processes: Biological principles employed to develop abiotic engineering solutions (no living organisms)
White Cliffs of Dover
Transporta on Corridor
Railway Embankment
Re cula on Well
Surface Protec on & Ecological Restora on
Root‐Inspired Reinforcement
Subgrade Bio ‐Stabiliza on
Runoff Water
Bio‐Filtra on
Local Water Aquifer
Bio‐ Barrier
Sub‐base Bio‐Stabiliza on & Bio‐Treatment
Tunnel
Bio‐Stabiliza on
CBBG vision for the future
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5/13/2019
3
CBBG ThrustsThrust 1 – Hazard Mitigation
Thrust 2 – Environmental Protection and Restoration
Thrust 3 – Infrastructure Construction
Thrust 4 – Subsurface Exploration and Excavation
Education and Outreach
Thrust 1 Lead – Jason DeJong (UCD)
Thrust 2 Lead – Rosa Krajmalnik‐Brown (ASU)
Thrust 3 Lead – Paola Bandini (NMSU)
Thrust 4 Leader – David Frost (GT)
CBBG’s missionDevelop innovative solutions for infrastructure construction, operations, and maintenance• Reduce carbon footprint
• Reduce consumption of non‐renewable resources
• Enhance resilience
• Mitigate environmental impact
Train and educate engineers and scientists to provide the associated workforce
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5/13/2019
4
CBBG Industry Partners
18 industry partners
2 new this summer
Specialty contractors,
consulting, government
Infrastructure owners
Providing direction and
perspective for CBBG research
and education programs
Industry Advisory Board (IAB)
Industry Advisory Board (IAB)Group of industry partners that have joined CBBG’s Industry Partners Program, one rep per Industry Partner
Responsibilities / opportunities: Review/score core-research projects Provide input on research priorities Facilitate technology demonstrations, field test sites Participate in IAB annual meeting (Spring) Participate in CBBG’s SWOT analysis Participate in NSF annual reviews of the Center (Fall) Access to highly prepared students/graduates, new technologies,
professional development
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5/13/2019
5
Industry/Practitioner Membership Agreement
Document was reviewed by NMDOT’s General Counsel staff
Membership levels (see table)
Associate Members: public utilities, cities, municipalities, federal/state/county agencies, not-for-profit organizations, and educational institutions.
Industry/Practitioner Membership Agreement
Associate Members: no membership fee may participate in IAB deliberations no voting privileges, rep may not serve as IAB officer not eligible for the discounted F&A rate
Organizations / entities may join at any membership level with the appropriate fees to gain benefit opportunities
NMDOT can contract NMSU directly with the reduced F&A rate (20%) historically agreed between NMDOT and NMSU
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5/13/2019
6
CBBG technology development areas
Images (Top right clockwise): clarityenvironmental.com; Health and Safety Authority; http://www.hsa.ie; en.wikipedia.org
colbond‐usa.com
Soil stabilization / modification
Foundations and anchors
Construction methods and materials
Efficient soil penetration and excavation
Remediation of contaminated soil and ground water
fugitive dust mitigation
erosion control (wind, runoff)
settlement reduction
subgrade stabilization
liquefaction
Fugitive dust is driven by wind PM10 is the primary problem Significant health risk (residents, workers) Deadly accidents EPA air quality non‐attainment zones Penalties for non‐compliance with air quality standards
Disturbed land:
Construction, mining sitesAgriculture landsUnpaved low‐volume roads
Fugitive dust
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7
Traditional dust control
Water, salt solutions, synthetic polymers
• Short‐lived, expensive
• Large volume of water
• Limited effectiveness
Stabilization via calcium carbonate (CaCO3) crust
Carbonate cements or binds soil particles together
Urease enzyme induces carbonate precipitation via ureolysis
• Common enzyme produced microbially and agriculturally
• Enzyme Induced Carbonate Precipitation (EICP)
A bio‐inspired process• No living organisms • Requires calcium, urea, plant enzyme in a water‐based solution
Biogeotechnical strategies for dust control
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5/13/2019
8
Enzyme Induced Carbonate Precipitation (EICP) to create surface protection against runoff erosion
• Developing field method• Rainfall simulator (ASU)• Plot tests, field tests
Biogeotechnical strategy for runoff erosion control
40‐ft long testbed, slopes up to 1H:1V
Rainfall simulator, meets ASTM standard
Restoration of biological soil crust (Biocrust)
Biocrust: assemblages of bacteria, mosses, algae and fungi
Adapted to harsh solar & drought conditions
Forms protective ground layer for erosion control, water retention, nutrient cycling
Biogeotechnical strategy for wind/water erosion control
C&EN, American Chem. Society
39
5/13/2019
9
New state‐of‐the art mobile biocrust nursery
Fully functional laboratory, climate controlled
Nursery will facilitate fieldwork for biocrust research and restoration projects
Mobile nursery will be used at Jornada Experimental Range
Restoration of biocrust
Mobile Microbial Biocrust Nursery
CBBG and NMDOT collaboration opportunities
CBBG research has developed promising technologies
State‐of‐the‐art testing facilities, multidisciplinary expertise
Moving to field‐scale trials
Seeking participation with industry partners
40
IPMA 08APR2016 1
Center for Bio-mediated and Bio-inspired Geotechnics (CBBG)
A National Science Foundation (NSF)
Engineering Research Center (ERC)
INDUSTRY/PRACTITIONER MEMBERSHIP AGREEMENT
CBBG CENTER Agreement No. FP00007943
Industry/Practitioner Reference No. ____________
This Industry/Practitioner Membership Agreement ("IPMA") is made by and between Arizona Board of Regents for and on behalf of Arizona State University ("ASU") as the LEAD UNIVERSITY, with principal offices at 660 S. Mill Avenue, Centerpoint Suite 310, Tempe, Arizona 85281, and [insert full legal name of entity], with principal offices at [insert address] ("INDUSTRY/PRACTITIONER MEMBER" or "IPM").
WHEREAS, The Center for Bio-Mediated and Bio-Inspired Geotechnics ("CBBG" or "CENTER") is established as a National Science Foundation (“NSF”) Engineering Research Center ("ERC")
to pursue breakthrough research activities in fundamental science, enabling technologies, and systems integration related to biogeotechnical engineering,
to harness natural biological processes to address current geotechnical challenges and mitigate risks associated with natural hazard mitigation, infrastructure construction, environmental protection and ecological restoration,
to mimic natural biological processes to address current g e o t e ch n i c a l challenges and mitigate risks associated with n a t u r a l h a z a r d m i t i g a t i o n , infrastructure construction, environmental protection and ecological restoration,
to mit igate r isks and address current geotechn ica l cha l lenges associated wi th development of natural resources,
to promote research, education, outreach, and training in the field and
to stimulate industrial innovation.
WHEREAS, the Georgia Tech Research Corporation (GTRC) on behalf of Georgia Institute of Technology, the University of California at Davis (UCD), and New Mexico State University (NMSU) (collectively referred to as "ERC PARTNER UNIVERSITIES") and A S U , together referred to as "ACADEMIC MEMBERS", have joined together in a cooperative effort to support and carry out the mission of the CENTER under an Inter-University Member Agreement (“IUMA”) and to assure that the rights and obligations of Industry/Practitioner Member (“IPM”) that apply to one University, will also apply to all ACADEMIC MEMBERS.
WHEREAS, pursuant to the CENTER Bylaws (which are attached hereto as Appendix A and made a part hereof), t he IPM desires to join together with the ACADEMIC MEMBERS in a cooperative effort to support the CENTER and to leverage the NSF support in conducting core research, as defined by the CENTER Bylaws.
WHEREAS, in accordance with an agreement between the ACADEMIC MEMBERS found in the IUMA, LEAD UNIVERSITY is entering into this IPMA on behalf of itself and the other ACADEMIC MEMBERS.
NOW, THEREFORE, for the mutual benefits and consideration each to the other, the parties
41
IPMA 08APR2016 2
agree to the following:
1. CENTER OPERATIONS
a. The personnel and facilities required for the ERC will be available for research, education and service as needed to fulfill the purpose of this Agreement. ERC shall be operated by LEAD UNIVERSITY under the leadership of a Center Director. ERC will be supported jointly by various private and public sponsoring organizations, including MEMBERS, the NSF, LEAD UNIVERSITY, and the State of Arizona.
b. The organization and operation of the CENTER will be as specified in the CENTER Bylaws. The CENTER has developed or will develop core research, non-core research, education, outreach, and technology transfer activities.
c. The CENTER shall have an Industrial/Practitioner Advisory Board (“IPAB”) consisting of a representative of each member of the Industrial Advisory Program (IAP) and that will provide perspective into the critical needs of industry and practitioners. Responsibilities of each representative include voting (except Associate Members) on a selection of Core and Supplemental Projects and providing input on research priorities, technology demonstrations, and technology-to-market business planning.
2. MEMBERSHIP
a. Any corporation, company, partnership, sole proprietorship, or any other legally
recognized business entity, educational institution, not-for-profit non-governmental organization, or any agency of government, government office, or government organization duly authorized by the United States Government, or of any State or Nation may become a MEMBER of the IAP. The rights and obligations of IPM under this IPMA shall extend only to IPM's affiliates or subsidiaries who routinely share in a free flow of IPM's internal technical information. The IPM must have controlling interest in the affiliate or subsidiary at the time of sharing these rights and obligations.
b. IPM agrees to pay the selected, nonrefundable membership dues listed below annually in support of the CENTER, thereby becoming an IPM in the category indicated below and entitled to the privileges described in Attachment A. Entities may join the CENTER at any time.
c. IPM's membership in the CENTER shall be effective upon full execution of this IPMA and LEAD UNIVERSITY's receipt of the payment of dues. LEAD UNIVERSITY shall invoice the IPM for payment of the first year dues within thirty (30) days after this IPMA is fully executed. For subsequent years, t o t h e e x t e n t t h e I P M e x e r c i s e s t h e o p t i o n t o r e n e w , LEAD UNIVERSITY shall invoice the IPM prior to the annual anniversary of the Effective Date (the "Renewal Date"). Payment is due and payable, in full, thirty (30) days after the IPM'S receipt of the invoice(s).
d. Questions regarding payment should be directed to the person issuing the invoice or to [email protected]. Payment shall be made to "Arizona State University." A note referencing “CBBG ” should be included . Checks or paper remittance should be mailed to:
i. Arizona State University Office for Research & Sponsored Projects Administration PO Box 876011 Tempe, AZ 85287-6011
e. The IPM may terminate this IPMA by giving LEAD UNIVERSITY thirty (30) days written
42
IPMA 08APR2016 3
notice prior to the membership Renewal Date sent to the LEAD UNIVERSITY principal office address. Courtesy email of written notice will be sent to [email protected] with copy to CENTER Director.
f. If LEAD UNIVERSITY does not receive payment within thirty (30) days from IPM's receipt of invoice, LEAD UNIVERSITY may terminate the IPM membership by providing written notice of termination. If LEAD UNIVERSITY does not receive payment in full within thirty (30) days of sending the notice of termination, IPM's membership and this IPMA will automatically terminate and IPM will have no rights under this IPMA.
g. LEAD UNIVERSITY may terminate this IPMA with respect to IPM, upon breach of this IPMA between LEAD UNIVERSITY and that IPM, or non-compliance with the Bylaws by such IPM, with written notification. IPM will have thirty (30) days to cure the breach to the satisfaction of the LEAD UNIVERSITY or it will be terminated as to the IPM's membership and this IPMA, and IPM will have no rights under this IPMA.
h. The CENTER will have the following four (4) membership levels: Fellowship Partner Member, Leadership Member, General Member, and Associate Member.
a. Associate Member - Membership level is for public utilities, cities, municipalities,
Federal/state/county agencies, not-for-profit non-governmental organizations, and educational institutions. Associate Members will not be charged a Center membership fee, but may participate in IPAB deliberations. Associate Members have no voting privileges, are not eligible for the discounted F&A rate, nor may they serve as IPAB officers. However, these organizations/entities may join at any membership level with the appropriate fees to gain benefit opportunities.
b. General Member - Membership level is for companies with fees varying by number of full-time employees (FTEs) as evidenced by the Institutional Self-Representation and Certification (Attachment A). A General Member will contribute annual fees between $2,000 and $10,000 per year according to the schedule found on the signature page. General Members will: have their logo on the CBBG website; be able to attend CBBG sponsored webinars at no additional cost; may apply member discounted costs to attend online courses (PDHs, CEUs); be eligible to participate in SBIR proposal training; be able to attend the annual meeting and student showcase; have interaction with faculty and students including hosted receptions for student researchers; have a seat on the IPAB; have the option to negotiate a license with the owning ACADEMIC MEMBER(S) when the IPM requests a patent application on Core IP be filed; provide input towards selecting Supplemental Core Projects; work with CENTER researchers to pursue joint or networked funding that expand CENTER's research, possibly through joint research proposals or finding other strategic partners; will have a reduced overhead rate of twenty-five percent (25%) on Core Projects
c. Leadership Member - Will contribute $25,000 per year. A Leadership Member will have, in addition to the General Member benefits: facilitated access to CENTER research facilities and training opportunities for staff, eligibility as IPAB Chair or Vice-Chair; 2.5 votes in IPAB deliberations; will have a reduced overhead rate of ten percent (10%) on Core Projects.
d. Fellowship Partner Members ("Fellowship Members") - will contribute $50,000
43
IPMA 08APR2016 4
per year. In addition to the benefits of the Leadership Member level, a portion of a Fellowship Member's fee will go to directly support a student researcher from an under-represented group (as defined by NSF) on a Core Project; will have a reduced overhead rate of ten percent (10%) on Core Projects. .
i. A guest of the CENTER (“GUEST(S)”) is someone who is 1) not employed by a member
company and 2) not an active participant in one of the CENTER research projects. GUESTS may be invited to a CENTER meeting with the Center Director’s approval.
3. CENTER PROJECTS
a. Initial Core Projects/Supplemental Core Projects. As defined in the By-Laws, Research
projects funded through use of NSF award, MEMBER fees, and/or leveraged contributions include Initial Core Projects and Supplemental Core Projects (“Core Project(s)”). Membership fee-paying IPMs will have rights to receive a discounted Facilities & Administrative rate (“F&A”, a.k.a., indirect or overhead) reduced from ACADEMIC MEMBER’s full overhead rate to an indirect rate of either twenty-five percent (25%) or ten percent (10%) based on membership level as stated in Section 2.h. IPMs who joined CENTER and were paid up and in good standing with CENTER before March 31, 2017 will be considered a FOUNDING MEMBER and will be entitled to a reduced indirect rate of ten percent (10%). Recommendations on allocation of funds for Core Projects shall be made by the IPAB and by the Scientific Steering Committee (“SSC”) to the Center Leadership Team who makes recommendations to Center Director per the Bylaws.
b. Non-Core Projects. IPMs may also propose to sponsor research projects of their choice which are related to the mission of the CENTER. These projects are funded in their entirety by sponsoring parties, separate and apart from its membership fees. Non-Core Projects are governed by separately negotiated research agreements and may be subject to t he University's full F&A rate.
c. University of California Davis Exceptions. The following exceptions apply only to those CENTER Projects conducted at the University of California Davis campus:
a. A Supplemental Core Project must have two or more IPMs agree to fund said
Supplemental Core Project together in order to qualify for the reduced overhead/indirect rate; and
b. A Supplemental Core Project having only one IPM funding said Supplemental Core Project, as well as, any research project that may be considered outside the scope of the core CENTER research areas, will be subject to the applicable University of California Davis federally negotiated F&A and standard sponsored research agreement terms and conditions.
4. INTELLECTUAL PROPERTY
It is anticipated that development leading to commercially viable products/processes will generally be performed by industrial partners rather than the ERC. If new technology is developed through ERC research, the following policies shall apply:
a. Title. All inventions constituting results from a Core Project funded by the CENTER and
created solely by investigators from Academic Member(s), will be owned solely by the
44
IPMA 08APR2016 5
investigator's home academic institution, pursuant to Chapter 18, of Title 35 of the United States Code, commonly known as the "Bayh-Dole Act", and is subject to "March-in rights" as set forth in the Act. Title to all inventions that result from a Core Project conducted by or at the CENTER, and all patents thereon ("Subject Patents"), shall vest in the inventor's home academic institution. Title in all software and all other copyrightable material (excluding academic works of authorship such as publications, theses, dissertations) developed by or at CENTER in the course of a Core Project ("Subject Copyrights") shall vest in the author's home academic institution. Any such invention, Subject Patent, and Subject Copyright made which utilized support from NSF, or other federal sponsors shall be subject to the terms and conditions of the sponsoring agreement providing the federal funds used in the development of said invention.
b. Invention Disclosure. All inventions that result from a Core Project will be promptly
disclosed in wr i t i ng to each ACADEMIC MEMBER and each IPM. The investigator’s home academic institution can choose to apply for patent within 60 days of disclosure.
Should the originating ACADEMIC MEMBER choose not to apply for patent, the fee paying IPMs or other ACADEMIC MEMBERS may request that a patent be applied for. IPM or the ACADEMIC MEMBER agrees to pay for the cost for pursuing and maintaining patent protection ("Patent Costs") or to share on an equal basis therein should other IPMs exercise their same right to request the filing of a patent application.
c. Patent. T h e IPM requesting and funding the application for a patent (and other related Patent Costs), shall be entitled to an option to negotiate a license with the owning ACADEMIC MEMBER(S).
d. First Option IP Rights. Core IP is IP resulting from center-controlled unrestricted funds.
Non-Core IP is IP resulting from Non-Core Projects using restricted funds that flow through the center or flow directly to an entity. The IPM requesting and funding the application for a patent and participating in that Core or Non-Core Research, will be offered the first option to negotiate a license with the owning ACADEMIC MEMBER(S), then the sponsoring firm/practitioner organization requesting and funding the application for a patent, followed by other interested IPMs. The IPM will have six (6) months following the initial disclosure of the Core IP by Academic Member to IPM to conclude a license. If there is no license forthcoming the IP can be offered to a third party (member or non-member) or a partnership formed between that third party and ERC faculty to carry out translational research to accelerate product development.
e. Reasonable Pursuit of Commercialization Efforts. Because of the public interest that
pervades university research programs, any license entered into by ACADEMIC MEMBERs will embody a clause permitting cancellations thereof if reasonable commercial use of the licensed invention or copyrighted material is not being made or diligently attempted by the licensee.
f. Exclusivity. IPMs funding an application for patent may request an exclusive license for a
defined field of use in an invention or Subject Patent resulting from a Core Project. Such request must be in writing and submitted to the LEAD UNIVERSITY. LEAD UNIVERSITY agrees to consider such request, subject to approval thereof by the owning ACADEMIC MEMBER(S) and any other IPM funding the patent application. If unanimously approved, the owning ACADEMIC MEMBER(S) will then enter into negotiations for an exclusive, royalty-bearing license for a defined field of use with such IPM regarding the Subject Patent(s). If IPM and the owning ACADEMIC MEMBER(S) are unable to reach
45
IPMA 08APR2016 6
agreement on the exclusive license agreement within ninety (90) days of unanimous approval, the owning ACADEMIC MEMBER(S) shall continue to have the right to license others. If exclusive licenses granted in accordance with this provision include the right for the IPM to sublicense such Subject Patent(s) to others the IPM will, to the best of its ability, provide a written summary of its sublicensing grants hereunder to the CENTER Director and the ACADEMIC MEMBER(S) that owns the Subject Patent(s) on July 1st and January 1st of each year or as such ACADEMIC MEMBER(S) and IPM otherwise agree. In the case of multiple interested IPMs for exclusive rights, the Center Leadership Team, SSC and IPAB will make recommendations to the Center Director. The Center Director will make the final recommendation of award for exclusive rights.
g. Pre-existing Rights. Any license or right granted to an IPM under this IPMA is subject to
and shall not affect: (i) all applicable government rights (including chapter 18 of title 35 of the United States Code, commonly called the Bayh-Dole Act, and the "march-in" rights as set forth in the Act), and (ii) the rights of the ACADEMIC MEMBERS to use CENTER developed intellectual property for research and educational purposes, including sponsored research.
h. Background IP. To the limited extent background intellectual property rights developed by
an ACADEMIC MEMBERS' investigators are necessary to practice rights developed by or at the CENTER, and to the limited extent the background intellectual property rights are available from license and the ACADEMIC MEMBER is legally able to do so, IPM shall have the right to negotiate a license with such ACADEMIC MEMBER to such background rights. IPM agrees to negotiate such license for available background rights in good faith at terms and conditions standard in the industry.
i. Rights to Future Developments (Derivatives) - IPMs who develop a specific technology based
on basic data, which is fundamental or publically available data provided by ACADEMIC MEMBER, are entitled to any derived patent(s) or copyright(s) without compensation to ACADEMIC MEMBER.
5. PUBLICATION a. ACADEMIC MEMBERS reserve the right to publish and have published in scientific journals
the results of all research performed at CENTER. ACADEMIC MEMBERS agree to provide a copy of the proposed manuscript resulting from research in ERC programs to any IPM or sponsoring entity that participated in the research for review prior to publication. The IPM will complete the review or request delay of the proposed publication within sixty (60) days of submission and not unnecessarily delay ACADEMIC MEMBER’s publication. Said request for delay shall only be made in order to remove or approve any identified confidential information present in the proposed publication of that IPM or entity.
b. If there is a possibility of a patent filing, a delay of ninety (90) days is permitted to allow the filing of patent applications on any invention or discovery made by or at the CENTER. IPM or sponsoring entity shall make said request in writing and include a justification within thirty (30) days from the date the proposed publication was transmitted to that IPM or entity. Publication of information shall be permitted at any time following the use of this information by IPM in a product.
c. Should the proposed publication be a student thesis or dissertation, IPM or sponsor ing ent i t y fo r the co -sponsored research hereby agrees to use its commercially reasonable efforts to complete all reviews of material contained therein and
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IPMA 08APR2016 7
any necessary patent application procedures evolving therefrom in such a manner as not to impede the students' completion of requirements for graduation or completion of a degree. In no event will publication of a proposed student thesis or dissertation be delayed for more than thirty (30) days from date of submittal of manuscript for IPM or sponsoring entity review.
d. IPM agrees to hold in confidence, contents of the proposed manuscript until its publication and not to disclose the contents to anyone except employees or legal counsel as may be necessary for review and the preparation of a patent application unless (a) it is a part of the public domain prior to the Effective Date; or (b) becomes part of the public domain not due to some unauthorized act by or omission of IPM after the Effective Date; or (c) IPM can demonstrate that it, or an affiliate or subsidiary company of IPM independently developed such Confidential Information; or (d) is disclosed to IPM by a third party who has the right to make such disclosure; or (e) is required to be disclosed to a third party by court order or applicable laws or regulations. IPM shall use such efforts to preserve the confidentiality of the contents of the paper disclosed as it would if the contents had been developed by it and was to be retained in confidence by it but in no event, less than reasonable efforts.
6. CONFIDENTIALITY
a. Any and all confidential information and intellectual property rights, existing as of the
Effective Date, shall remain the property of the party owning such confidential information and/or intellectual property rights. LEAD UNIVERSITY and the CENTER acknowledge and agree that IPM has no obligation under this IPMA to disclose IPM confidential information to the CENTER or to LEAD UNIVERSITY personnel or license IPM intellectual property rights to the CENTER or LEAD UNIVERSITY.
b. In the course of carrying out the work of the CENTER, the CENTER does not expect to
receive any confidential information from IPM(s). If it becomes necessary for an IPM to disclose proprietary information to any CENTER m e m b e r o r s t a f f (including students), i t i s t h e r e s p o n s i b i l i t y o f t h e d i s c l o s e r t o s e e t h a t such divulgence shall be made in writing and marked as confidential, or if made orally, identified as confidential at the time of the oral disclosure and confirmed in written summary, marked as confidential, and provided to the recipient within thirty (30) days of disclosure. It will be the responsibility of the recipient(s) involved in such transaction to keep the information confidential.
7. NON-DISCRIMINATION
a. The Parties agree to comply with all applicable state and federal laws, rules, regulations and executive orders governing equal employment opportunity, immigration, and nondiscrimination, including the Americans with Disabilities Act, and affirmative action.
8. DISPUTE RESOLUTION
a. In the event of any dispute, claim, question, or disagreement arising from or relating to this
IPMA or the breach thereof, the parties will use their reasonable efforts to settle the dispute, claim, question, or disagreement. To this effect, they will consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. The Parties acknowledge and agree that they may be required by law or statute to make use of mandatory arbitration of any legal action that is filed in a court of competent jurisdiction concerning a controversy arising out of this
47
IPMA 08APR2016 8
Agreement if required.
9. LIABILITY AND INSURANCE
a. To the extent permitted by law, the Parties acknowledges that each Party shall be responsible for any loss, cost, damage, claim, or other charge that arises out of or is caused by the actions of that Party or its employees or agents to the extent of its negligence. No Party shall be liable for any loss, cost, damage, claim, or other charge that arises out of or is caused by the actions of any other Party or its employees or agents. Joint and several liabilities will not attach to the Party; no Party is responsible for the actions of any other Party, but is only responsible for those tasks accepted by it and to which it agrees in any subsequent funding agreement. The Parties agree that in no event will consequential, incidental, special, exemplary or punitive damages be applicable or awarded with respect to any dispute that may arise between or among the Parties in connection with this IPMA. In performing any obligation created under this IPMA, the Parties agree that each Party is acting as an independent party and not as an agent of any Party.
b. Insurance. Party agrees to obtain and maintain appropriate public liability and casualty
insurance or adequate levels of self‐insurance, to insure against any liability caused by that Party’s obligations under this IPMA.
10. PUBLICITY, SERVICE MARKS AND TRADEMARKS
a. Parties may not use the name of another Party in new releases, publicity, advertising, or
other promotion without the prior written consent of that other Party. No Party will use any service marks, trademarks, logos or other marks of the other party to this IPMA without, in each case, the express written approval of the other Party. The use of any marks must comply with the owner’s requirements, including using the “circle R” indication of a registered trademark.
11. LEGISLATIVE APPROPRIATIONS
a. For those Parties who receive funding from public sources (i.e., State Legislature), should appropriation of funds be unavailable to continue supporting this IPMA, that Party should provide written notification to LEAD UNIVERSITY. LEAD UNIVERSITY may reduce the scope or cancel the IPMA with that Party without further obligation.
12. COMPETING INTERESTS
a. No Party may employ an individual of another Party to this IPMA in any capacity or as a consultant, if they have been significantly involved in initiating, negotiating, securing, drafting or creating any IP developed under this IPMA, at any time while this IPMA or any extension thereof is in effect.
13. GOVERNING LAW
a. This IPMA shall be interpreted by application of Arizona law without regard to its conflicts of law provisions. Where Party is a non‐Arizona entity, this Section will be deemed to be deleted and replaced with the following, “Nothing in this IPMA is intended to cause the Party to waive the legal immunities and defenses provided under its governmental enabling laws.”
14. INDEPENDENT CONTRACTOR
48
IPMA 08APR2016 9
a. Each Party is an independent contractor and will be free to exercise its discretion and
independent judgment as to the method and means of performance of its work hereunder. Each Party’s employees will not be considered employees of the other Parties, and personnel of one Party will not by virtue of this IPMA, be entitled or eligible to participate in any benefits or privileges given or extended by the another Party to its employees.
15. COUNTERPARTS
a. This IPMA may be executed in counterparts, each of which will constitute an original and
all of which together will constitute one and the same agreement. Facsimile transmitted and imaged copy signatures will be fully binding and effective for all purposes.
16. NOTICES
a. All notices under this IPMA will be in writing and will be sent by U.S. Postal Service, first
class, or by courier, with courtesy e-mail. Addresses are as follows:
For LEAD UNIVERSITY: Arizona State University Office for Research & Sponsored Projects Administration P.O. Box 876011 Tempe, Arizona 85287-6011 (Street Address: 660 S. Mill Ave, Centerpoint Suite 310, Tempe, AZ 85281) Attention: Heather Clark, Associate Director, Research Operations Phone: 480.965.1427 Email: [email protected]
Cc Center Director: [email protected]; Phone: 480.727.8566
For Intellectual Property Matters (including copies to above):
Arizona Technology Enterprises ASU Skysong 1475 N. Scottsdale Road, Suite 200 Scottsdale, AZ 85257-3538 Phone: 480.884.1996 Email: [email protected]
Notices to INDUSTRY/PRACTITIONER MEMBER: For: Mailing Address: Attention: Phone: Email: CC:
16. ENTIRE UNDERSTANDING
a. This IPMA, together with the Bylaws, embodies the entire understanding of the parties and supersedes any prior or contemporaneous representations, either oral or written, regarding this subject matter. Only written modifications signed by both parties will affect changes to this IPMA.
49
IPMA 08APR2016 10
* * * Signature Page Follows * * *
50
11
Signature Page to Industry Membership Agreement IN WITNESS WHEREOF, this IPMA is effective as of the last date of signing set forth herein below ("Effective Date").
LEAD UNIVERSITY of the CBBG Arizona Board of Regents for and on behalf Of Arizona State University ____________________________________ Authorized Signature
Title:
Date:
IPM [Insert Legal Name] _____________________________________ Authorized Signature
Printed/Typed Name:
Title:
Date:
Please Complete Attachment A with submission for membership
51
12
Attachment A to AGREEMENTS
Institutional Self-Representation and Certification INDICATE MEMBERSHIP LEVEL DESIRED:
Mark (X)
MEMBERSHIP LEVEL ANNUAL FEES
($US)
A FELLOWSHIP Partner Member $50,000
B LEADERSHIP Member $25,000
C GENERAL Member
Input number of FTEs: _______________
C 1 Greater than 50 FTEs* $10,000
C 2 41-50 FTEs* $ 8,000
C 3 31-40 FTEs* $ 6,000
C 4 20-30 FTEs* $ 4,000
C 5 Less than 20 FTEs* $ 2,000
D ASSOCIATE Member $0
*based on the number of full-time employees stated below
Please identify the number of Full-Time Employees: FTEs: ________________
System for Account Management (SAM) Registry Requirements
Because your entity may become a subrecipient of grant or contract funding for research projects from the CENTER (which has a blend of Federal and Industry/Practitioner support funding), registration in the System for Award Management (SAM) must be active throughout the life of the Agreement and any modifications. The completed SAM registration will also provide representations and certifications of the applying entity. SAM registration can be updated on the federal website: www.sam.gov. Please submit a copy of your current SAM registration page to [email protected] . If the SAM registration is expiring soon, please submit confirmation of the updated SAM expiration date. Be advised that the CENTER is unable to issue new agreements or modifications if your registration in SAM is expired.
52
Center for Bio-mediated and Bio-inspired Geotechnics
A National Science Foundation Engineering Research Center
CBBG Industrial Partner Membership Levels at a glance
Fellowship Partner Member: Annual Contribution: $50,000
Member Benefits include: All the benefits offered at the Leadership Member level plus . . . Direct support for a graduate student researcher from an under-represented group (as defined
by NSF) , selected from four nominees (one from each CBBG Partner University) and includes: o A special reception dinner for Fellowship Members and fellowship recipients o Individualized access to the fellowship recipient and associated work
o Research highlight presentations by recipient at Fellowship Member’s institution
Leadership Member: Annual Fee: $25,000
Member Benefits include: o All the benefits offered at the General Member level plus . . . o Facilitated access to research facilities and training opportunities for staff o Eligibility to serve as a Chair or Vice-Chair on the Industry Partner Advisory Board (IPAB) o 2.5 votes in IPAB deliberations o Discounted overhead rate of 10% on industry funding for Core Projects
General Member: Annual Fee: $2,000 to $10,000 based on number of FTE
Member Benefits include: o Company logo on the CBBG website o A seat on the Industry Partners Advisory Board (IPAB) o Input on research funding allocations (one vote in IPAB deliberations) o Pursue joint or networked funding with CBBG for expanded research o Discounted overhead rate of 25% on industry funding for Core Projects o Option to negotiate a license with the owning Academic Member(s) on patented or
proprietary Core IP. o Attend CBBG sponsored webinars at no additional cost o Attend the annual meeting and student showcase o Interact with faculty and student researchers at hosted receptions
Associate Member: Associate Membership is for federal/state/county agencies, public utilities, cities,
municipalities, not-for-profit non-governmental organizations, and educational institutions. Associate Members will not be charged a Center membership fee, do not have IPAB voting privileges, but may participate in IPAB deliberations. Associate Members are not eligible for the discounted F&A rate, nor may they serve as officers of the IPAB.
53
Tab 8 District One
Presentation
54
Form No. A-1235 New 10/07/10
Commission Brief
SUBJECT: District One Presentation
PRESENTER: Trent Doolittle, P.E., District One
Engineer, NMDOT
BACKGROUND:
ACTION: No Action
55
Transportation Commission Meeting
Trent Doolittle, P.E.
May 22, 2019
DISTRICT ONE
56
District One
Headquarters in Deming
• 7 Counties
• 2 Interstates (I-10 & I-25)
• 4 US Routes (60, 70, 180, 380)
• 84 New Mexico Routes
• 6,405 Lanes Miles
• 3 International Border Crossings
• 12 Rest Areas
• 2 RPO’s (Regional Planning Organizations)
• 2 MPO’s (Metropolitan Planning
Organizations)
• 1 Tribe (Alamo Navajo Reservation)
57
293 FULL TIME EMPLOYEES
45 PROGRAM SUPPORT
49 CONSTRUCTION
18 ENGINEERING SUPPORT
181 MAINTENANCE
DISTRICT ONE
BUDGET RESPONSIBILITYOPERATING BUDGET: $21,427,500
CONSTRUCTION CONTRACTS: $170,830,3620
CONTRACT MAINTENANCE: $3,988,000
FIELD SUPPLIES: $5,530,500
STRIPING AND SIGNAGE: $1,353,100
REST AREA IMPROVEMENTS: $760,000
REST AREA MAINTENANCE: $2,079,000
58
BUSINESS SUPPORTPurchasing/Accounting
Risk Management
Buildings & Grounds
Equipment Shop
Reception/Dispatch
Human Resources
59
ENGINEERING SUPPORTProject Programming
Design/Development
Bridge Inspection/Maintenance
Drainage/MS4 Permitting
Traffic-Design/Operations, Permits,
Signing, Striping
60
Design
• NM 404 - Roadway Reconstruction & Capacity Improvements - $36,000,000
• NM 26 - ADA Improvements, Sidewalk & Pavement Preservation -$5,000,000
• I-25 Business Loop (T or C) - Roadway Reconstruction & Intersection Safety
Improvements - $11,000,000
• Multi-Use Path US 180, Santa Clara-$3,000,000
Planning
• NM 213-Roadway Reconstruction 2 lane to 4 lane
• I-10 Corridor- Extruded Panel Replacement
• I-25 Nogal Canyon Bridge Replacement
UPCOMING PROJECTS
61
CONSTRUCTIONFour Construction Project Offices
Construction Audit
District Materials Laboratory
62
2018 Calendar Year
Number of Projects 14
Total Contracts Amount: $78,065,999
COMPLETED PROJECTS
63
NM 159 MOGOLLON
GABRIEL GARCIA, PROJECT MANAGER
$8,373,699
64
US 70/N MAIN/SOLANO/THREE
CROSSES- LAS CRUCES
RYAN TAFOYA, PROJECT MANAGER
$7,456,700
65
ONGOING PROJECTS 2018-19 Calendar Year
Number of Projects 9
Total Contracts Amount: $149,560,316
66
NM 188 Valley Drive/NM 28 Avenida de
Mesilla
Ryan Tafoya, Project Manager
$22,972,740
Complete Spring 2020
67
NM 15 Pinos Altos Road, Silver City
Jose Martinez, Project Manager
$11,533,839
Complete Summer 2019
68
I-25 / University Interchange, Las Cruces
I-25 MP 75 Interchange, Williamsburg
UPCOMING CONSTRUCTION PROJECTS
69
MAINTENANCE SECTION• 12 Maintenance Patrols
• 4 Traveling Crews (Bridge Crew, Trucking Crew, Chip Seal,
Heavy Maintenance)
70
2018 Accomplishments
Chip Sealed Lane Miles Completed: 487
Investment: $1,918,670
Fog Sealed Lane Miles Completed: 544
Investment:$613,093
PAVEMENT PRESERVATION (CHIP SEAL)
Las Cruces Patrol Yard, Solano Yard, NM 27, NM 187, NM
390, NM 436, NM 152, NM 51, NM 177, NM 142, NM 195, NM 26, Frontage Roads 2015 & 2016
Fog Sealed NM 380
71
DISTRICT
EMPLOYEE
HIGHLIGHTS
72
Curtis Jandt
Heavy Maintenance
Crew 41-88
Staff Manager
EMPLOYEE OF THE YEAR
DISTRICT ONE
73
CREW OF THE YEAR
Crew members: Jeff Turner, Lowell Robinson, William Patren
74
2018 CHIP SEAL QUALITY AWARD
1st Place Winner
Crew: Paul Garcia, David Munoz, Stacy Miller, Angel Gonzalo, Lee Odie
Black, Ronnie Dominguez, Jesus Farias, Eduardo Lopez, Rito Medina, Jerett
Mendenhall, Julian Montez, Steve Montez, Adrian Pacheco, Guadalupe
Ponce, Armando Ramirez, Ben Rodriguez, Tony Fore75
THANK YOU FOR
VISITING
DISTRICT ONE
76
Tab 9a FHWA Report
77
Commission Brief
SUBJECT: FHWA Report
PRESENTER: J. Don Martinez, Division
Administrator, FHWA
BACKGROUND:
ACTION: No Action
78
Tab 9b Secretary Report
79
Commission Brief
SUBJECT: Secretary Report
PRESENTER: Michael Sandoval, Cabinet Secretary,
NMDOT
BACKGROUND:
ACTION: No Action
80
Tab 10a Monthly Financial
Report
81
Commission Brief
SUBJECT: FY19 Operating Budget and Financial Report – May 22, 2019
PRESENTER: Mallery Manzanares, Acting Administrative ServicesDirector
BACKGROUND:
ACTION: No Action
82
A B C D E F G H I J K L M O P1 Department CAT BR Class Original Adj. 12 Budget Budget Dollar % Dollar % Balance % Calculation O - K 23 P562 200 119 C0000 25,388,800 - 25,388,800 - 0% 17,576,819 69% 7,811,981 31% 21,761,776 3,643,300 34 300 119 C0000 326,065,300 71,707,741 397,773,041 198,426,512 50% 36,206,372 9% 163,140,156 41% 246,701,675 151,071,366 45 400 119 C0000 185,234,900 - 185,234,900 17,075,054 9% 135,705,852 73% 32,453,994 18% 162,847,022 22,387,878 56 500 119 C0000 - - - - 0% - 0% - 0% - - 67 536,689,000 71,707,741 608,396,741 215,501,566 35% 189,489,043 31% 203,406,131 33% 431,310,474 177,102,544 78 89 P563 200 119 C0000 106,240,800 - 106,240,800 - 0% 80,693,645 76% 25,547,155 24% 99,906,418 6,009,000 9
10 300 119 C0000 49,407,600 179,500 49,587,100 13,189,719 27% 17,716,976 36% 18,680,405 38% 23,622,634 25,964,466 1011 400 119 C0000 79,962,200 11,820,500 91,782,700 20,631,869 22% 55,583,692 61% 15,567,139 17% 74,111,590 17,671,110 1112 500 119 C0000 - - - - 0% - 0% - 0% - - 1213 235,610,600 12,000,000 247,610,600 33,821,588 14% 153,994,313 62% 59,794,699 24% 197,640,642 49,644,576 1314 1415 P564 200 119 C0000 25,340,400 - 25,340,400 - 0% 19,947,046 79% 5,393,354 21% 16,700,600 2,352,200 1516 300 119 C0000 4,321,900 - 4,321,900 632,160 15% 1,102,119 26% 2,587,622 60% 1,469,492 2,852,408 1617 400 119 C0000 13,086,300 - 13,086,300 2,356,430 18% 8,033,607 61% 2,696,263 21% 10,711,476 2,374,824 1718 42,748,600 - 42,748,600 2,988,590 7% 29,082,772 68% 10,677,239 25% 28,881,568 7,579,432 1819 1920 P565 200 119 C0000 5,194,600 - 5,194,600 - 0% 3,217,082 62% 1,977,518 38% 3,983,054 1,204,592 2021 300 119 C0000 31,512,800 - 31,512,800 6,230,883 20% 15,385,962 49% 9,895,955 31% 20,514,616 10,998,184 2122 400 119 C0000 34,581,200 - 34,581,200 24,057,312 70% 6,313,377 18% 4,210,511 12% 8,417,837 26,163,363 2223 71,288,600 - 71,288,600 30,288,195 42% 24,916,421 35% 16,083,983 23% 32,915,506 38,366,140 2324 2425 SubTotal 886,336,800 83,707,741 970,044,541 282,599,940 29% 397,482,550 41% 289,962,052 30% 690,748,190 272,692,691 2526 2627 2728 28
29 2930 Department CAT BR Class Original Budget Adj. 3031 Budget Adj. Budget Dollar % Dollar % Balance % 3132 P562 200 119 C5607 - - - - 0% - 0% - 0% 3233 300 119 C5607 - 554,812,593 554,812,593 284,442,804 51% 220,821,810 40% 49,547,979 9% 3334 400 119 C5607 - 20,423,747 20,423,747 8,407,556 41% 8,363,148 41% 3,653,043 18% 3435 - 575,236,340 575,236,340 292,850,361 51% 229,184,958 40% 53,201,022 9% 3536 3637 P563 200 119 C5608 - - - - 0% - 0% - 0% 3738 300 119 C5608 - 17,972,211 17,972,211 1,370,892 8% 10,070,934 56% 6,530,385 36% 3839 400 119 C5608 - 11,633,641 11,633,641 974,059 8% 9,996,789 86% 662,792 6% 3940 - 29,605,852 29,605,852 2,344,951 8% 20,067,723 68% 7,193,177 24% 4041 4142 P565 200 119 C5609 - - - - 0% - 0% - 0% 4243 300 119 C5609 - 11,013,077 11,013,077 7,523,752 68% 1,724,441 16% 1,764,884 16% 4344 400 119 C5609 - 18,927,312 18,927,312 5,050,164 27% 8,647,665 46% 5,229,483 28% 4445 - 29,940,389 29,940,389 12,573,916 42% 10,372,106 35% 6,994,367 23% 4546 4647 Subtotal - 634,782,581 634,782,581 307,769,228 259,624,787 41% 67,388,566 11% 4748 Total 886,336,800 718,490,322 1,604,827,122 590,369,168 657,107,337 41% 357,350,618 22% 4849 49
Encumbrance Expense
New Mexico Department of Transportation
Encumbrance Expense
Base Budget for FY 2019 - as of 5/1/19
Multi-Year FY2018/FY2019 - as of 5/1/19
BudgetAdj.
Remaining
Remaining
9/12th of Budget
83
A B C D E F G
1 1
2 2
3 3
4 4
5 5
6 Begin FY19 +FY19 +FY19 COMBINED 6
7 OPBUD Rollover BARS FY19 BUDGET Rev/Exp PCT 7
8 Revenues 8
9 CURRENT INFLOWS 9
10 State Funds $420.1 $0.0 $12.0 $432.1 301.4$ 69.8% 10
11 FHWA Funding 368.9 473.4 66.7 909.0 223.7 24.6% 11
12 Transfer From Other Agency 3.2 0.0 0.0 3.2 0.0 0.0% 12
13 Fund Balance Reserves 17.2 122.5 5.0 144.7 0.0 0.0% 13
14 1) TOTAL INFLOWS (REVENUES): $809.4 $595.9 $83.7 $1,489.0 $525.1 35.3% 14
15 15
16 Expenditures 16
17 CURRENT OUTFLOWS: 17
18 Personnel Services $160.2 $0.0 $0.0 $160.2 124.0$ 77.4% 18
19 Contractual Services 399.0 581.6 71.9 1,052.5 292.8 27.8% 19
20 Other Operating Costs 94.2 14.3 11.8 120.3 78.4 65.2% 20
21 CAT 500 Transfer Out 0.0 0.0 0.0 0.0 0.0 0.0% 21
22 Debt Service 156.0 0.0 0.0 156.0 120.0 76.9% 22
23 2) TOTAL OUTFLOWS - EXPENDITURES: $809.4 $595.9 $83.7 $1,489.0 $615.2 41.3% 23
24 24
25 3) CURRENT INFLOWS MINUS OUTFLOWS (Revenues - Expenditures) ($90.1) 25
26 4) PLUS Projected Revenue to receive by end of June 30th (January 2019 Revenue Forecast) $263.9 26
27 5) PLUS Beginning FY19 FUND BALANCE RESERVES (FY18 less Rebudgeted and RO) 0.0 27
28 6) Adjusted FY19 PROJECTED OPERATING BALANCES $173.8 28
29 29
30 30
Actual FY19
FY2019 NMDOT Financial Summary as of May 1, 2019
UNRESTRICTED STATE ROAD FUND ONLY
(Dollars in Millions)
84
A B C D E F G
1 1
2 2
3 3
4 4
5 5
6 Begin FY19 +FY19 +FY19 COMBINED 6
7 OPBUD Rollover BARS FY19 BUDGET Rev/Exp PCT 7
8 8
9 CURRENT INFLOWS: 9
10 20200- Highway Infrastructure Fund (Restricted) $8.2 $0.0 $0.0 $8.2 $6.0 73.2% 10
11 20200- Highway Infrastructure Fund Reserves 0.0 0.0 0.0 0.0 0.0 0.0% 11
12 20300- Local Gov't Road Fund (Restricted) 22.7 0.0 0.0 22.7 17.0 74.9% 12
13 20300- Local Gov't Road Fund Reserves 0.0 15.7 0.0 15.7 0.0 0.0% 13
14 20500- Aviation Fund - Federal (Restricted) 0.0 0.0 0.0 0.0 4.1 0.0% 14
15 20500- Aviation Fund Balance Reserves 0.0 0.0 0.0 0.0 0.0 0.0% 15
16 Traffic Safety Funds (5 Restricted Funds) 2.6 1.1 0.0 3.7 1.6 43.2% 16
17 Traffic Safety Fund Balance Reserves 0.0 0.0 0.0 0.0 0.0 0.0% 17
18 10010- NHTSA Funding-(Reimbursement Basis) 15.7 8.0 0.0 23.7 8.3 35.0% 18
19 10030- FTA Funding-(Reimbursement Basis) 16.6 8.7 0.0 25.3 10.6 41.9% 19
20 89300- State Infrastructure Bank Reserves 0.0 0.0 0.0 0.0 0.4 0.0% 20
21 1) TOTAL INFLOWS (REVENUES): $65.8 $33.5 $0.0 $99.3 $48.0 48.3% 21
22 22
23 CURRENT OUTFLOWS: 23
24 Personnel Services $1.9 $0.0 $0.0 $1.9 $1.1 57.9% 24
25 Contractual Services 12.3 2.2 0.0 14.5 8.2 56.6% 25
26 Other Operating Costs 54.8 36.7 0.0 91.5 24.9 27.2% 26
27 CAT 500 Transfer Out - - 0.0 - 0.0 0.0% 27
28 Debt Service 7.9 0.0 0.0 7.9 6.5 82.3% 28
29 2) TOTAL OUTFLOWS (EXPENDITURES): $76.9 $38.9 $0.0 $115.8 $40.7 35.1% 29
30 30
31 3) CURRENT INFLOWS MINUS OUTFLOWS (Revenues - Expenditures) $7.3 31
32 4) PLUS Projected Revenue to receive by end of June 30th (January 2019 Revenue Forecast) $23.5 32
33 5) PLUS Beginning FY19 FUND BALANCE RESERVES (FY18 less Rebudgeted and RO) 33
34 6) Adjusted FY19 PROJECTED OPERATING BALANCES $30.8 34
35 35
Actual FY19
FY2019 NMDOT Financial Summary as of May 1, 2019
RESTRICTED FUNDS ONLY
(Dollars in Millions)
85
CASH BALANCES FOR OPERATING BUDGET (Balances based on data from SHARE Trial Balances on May 1, 2019)
NMDOT-FUNDS May-18 Jun-18 Jul-18 Aug-18 Sep-18 Oct-18 Nov-18 Dec-18 Jan-19 Feb-19 Mar-19 Apr-19 May-19
ROAD FUND (10040,20100) Unrestricted 104,245,865 175,924,725 187,904,241 162,275,297 138,005,564 122,946,143 136,957,639 120,817,398 104,658,282 155,224,307 130,273,486 126,061,538 106,466,607
LOCAL GOVT (20300) Restricted 23,188,135 22,142,719 23,716,914 24,205,150 24,205,150 25,595,105 25,389,405 26,231,201 25,374,988 26,112,372 27,588,029 28,119,221 27,201,538
HIF (20200) Restricted 956,491 1,596,486 2,330,782 3,054,870 2,330,157 2,543,105 2,437,133 2,748,982 2,750,551 3,258,191 2,419,818 2,337,377 2,337,377
SIB (89300) Restricted 20,474,297 20,474,297 20,512,754 20,605,983 20,605,983 20,672,790 20,672,790 20,726,110 20,726,110 20,902,036 20,902,036 10,099,609 10,099,609
AVIATION (20500) Restricted 12,159,235 11,916,292 12,210,225 12,402,246 12,402,383 13,019,743 13,179,843 13,749,712 13,604,867 14,217,995 14,584,493 14,380,391 14,370,624
TRAFF FUNDS (10020,206,207,208) Restricted 2,035,060 2,163,046 2,070,797 2,186,733 2,177,726 2,325,914 2,262,174 2,422,828 2,425,874 2,520,928 2,563,832 2,650,425 2,590,141
NHTSA (10010) Restricted (1,705,253) (2,751,071) (2,604,810) (2,041,819) (2,056,072) (3,548,509) (3,317,682) (281,679) (1,515,101) (2,136,492) (2,476,007) (2,758,573) (1,021,022)
FTA (10030) Restricted (1,224,211) (980,969) (629,696) (1,504,970) (1,556,922) (995,134) (705,103) (2,169,250) (2,753,640) (1,080,561) (787,410) (756,750) (900,985)
INTERLOCK (82600) Restricted 2,630,502 2,531,463 2,478,496 2,445,088 2,444,968 1,907,897 1,869,488 1,869,484 1,850,496 1,858,701 1,845,092 1,816,804 2,099,915
RESTRICTED FUND TOTALS 58,514,256 57,092,263 60,085,462 61,353,280 60,553,371 61,520,911 61,788,047 65,297,389 62,464,145 65,653,170 66,639,882 55,888,503 56,777,197
TOTAL CASH BALANCES 162,760,121 233,016,988 247,989,703 223,628,577 198,558,935 184,467,054 198,745,686 186,114,787 167,122,426 220,877,477 196,913,368 181,950,041 163,243,803
86
(Less) "Projected"
(Less) Encumbrance (Less) Unbudgeted
Fund Balances Re-Budgeted in Rollover-Non-Federal FY19 Fund Balances
NMDOT-FUNDS 6/30/2018 Begin FY19 Budget FY18/19 Budget BARS & OPRS 1/1/2019
Unrestricted:
ROAD FUND (20100)+ INVENTORY (10040) 261,035,189 (17,281,700) (122,494,890) (91,770,181) 29,488,418
Restricted Funds:
NHTSA (10010) (1,858,590) 0 0 0 (1,858,590)
DRIVER IMPROVEMENT (10020) 155,388 0 (120,605) 0 34,783
FTA (10030) (1,225,843) 0 0 0 (1,225,843)
HIF (20200) 2,897,400 0 0 0 2,897,400
LOCAL GOVT (20300) 25,187,065 0 (15,677,770) 0 9,509,295
AVIATION (20500) 12,713,253 (5,009,700) (5,364,758) 0 2,338,795
MOTORCYCLE (20600) 12,966 0 (12,966) 0 0
DWI PREVENTION (20700) 453,948 0 (246,042) 0 207,906
STATE TRAFFIC SAFETY (20800) 1,440,342 0 (619,664) 0 820,678
DOE (43100) 0 0 0 0 0
SIB (89300) 21,121,354 0 0 (10,900,000) 10,221,354
INTERLOCK (82600) 2,489,257 (4,300) (122,314) (500,000) 1,862,643
Total Restricted Funds: 63,386,539 (5,014,000) (22,164,119) (11,400,000) 24,808,420
TOTAL OPERATING FUND BALANCES 324,421,728 (22,295,700) (144,659,009) (103,170,181) 54,296,838
FY19 FUND BALANCES AS OF May 1, 2019
87
Uncommitted Fund Reserves as of May 1, 2019 UNRESRICTED FUND BALANCES--- Fund 20100-State Road Fund = $29,488,418 (This is the operating fund of the department and used to account for substantially all of the department’s financial activities. Created by section 67-3-65, NMSA 1978.) RESTRICTED FUND BALANCES---- TOTAL= $25,808,420 Fund 20300-Local Government Road Fund = $9,509,295 (This fund accounts for construction and reconstruction of highways, streets and parking lots not on the state highway system as well as maintenance, improvements, and construction of school bus routes and public school parking lots and county roads. Created by Section 67-3-28.2 NMSA 1978.) Fund 20800-State Traffic Safety Fund = $820,678 (This fund accounts for state matching monies received for various traffic safety programs. Created by Section 66-7-512, NMSA 1978.) Fund 20500-State Aviation Fund = $2,338,795 (This fund is used to account for planning, construction and maintenance of a system of airports, navigation aids, and related facilities serving New Mexico. Created by Section 64-1-15, NMSA 1978.) Fund 10010-Federal Traffic Safety Fund = ($1,858,590) (This funds accounts for federal grant monies received for various traffic safety programs from NHTSA.) Fund 10020 – Driver Improvement Program Fund = $34,783 (Used account for the operation of a driver improvement program. Created by Executive Order 87-20.) Fund 20700 – DWI Prevention and Education Fund = $207,906 (This fund is used to account for the operation of DWI prevention and education program for elementary and second school students. Created by Section 66-5-35 NMSA 1978.) Fund 89300 – State Infrastructure Fund = $10,221,354 (This fund is used to track funding, loans and repayments associated with the State Infrastructure Bank.) Fund 20200 – Highway Infrastructure Fund = $2,897,400 (This fund is used to account for acquisition of right of ways, planning, design, engineering, construction or improvement of state highway projects pursuant to provisions of Laws of 1998, Chapters 84 and 85.). This fund was created by NMSA 67-3-59.2.) Fund 82600-Interlock Device Fund = $1,862,643 (This fund is used to account for the fees used to pay for interlock devices for indigent people. (Created by Section 66-8-102.3 NMSA 1978.) Fund 10030 – Federal Mass Transit Fund = ($1,225,843) (This fund is used to account for Urban Mass Transit Authority grant monies and state matching funds for mass transit program activities.) Fund 43100- Fund 43100 – WIPP Projects Fund = $0.00 (This fund is used to account for monies received from the U.S. Department of Energy for special designated roads associated with WIPP.)
88
Tab 10b Approval of Budget
Adjustment Request
(BAR) No. 13-
Motorcycle Fund
89
Commission Brief
SUBJECT:
FY19 BAR #13 P565 – Modal
PRESENTER: Franklin Garcia, MODAL Division Director
BACKGROUND:
A FY19 BAR is required to establish budget authority for the Motorcycle
Fund. The BAR will increase the contractual services (category 300) by
$30,000 thousand for motorcycle training curriculum and safety- oriented
operational skills.
The Motorcycle registration revenue received in FY19 will fund this
program.
ACTION: Request BAR Approval
90
Tab 10C Approval of Budget
Adjustment Request
(BAR) No. 4-
Business Support
91
Commission Brief
SUBJECT:
FY20 BAR #4 P564 – BSUP
PRESENTER: Mallery Manzanares, Acting ASD
BACKGROUND:
A FY20 BAR is required to establish budget authority for the Business
Support program to increase the contractual services (category 300) by $10.0
million to upgrade the General Office campus ($8.0 million) and District 5
campus ($2.0 million) by reducing energy consumption. This energy
conservation project guarantees cost saving for the department, the funds
will be provided by the State Road Fund Balance.
Some of the services that will be provided are:
LED Lighting.
HVAC System.
Renewable Energy.
Electrical System Upgrades.
Utility Management.
ACTION: Request BAR Approval
92
Tab 10d NMFA Report
93
Commission Brief
SUBJECT: NMFA Report
PRESENTER: Mark Lovato, Investment Manager,
NMFA
BACKGROUND:
ACTION: No Action
94
New Mexico Finance Authority report to State Transportation Commission
Agenda for May 22, 2019
1. NMDOT Combined Investment Summary ending April 30, 2019 2. NMDOT/NMFA Debt Service outlook to June15, 2019 payment as of April
30, 2019
95
NMDOT BOND SERIES DEBT SERVICE - Portfolio Summary
Bond SeriesBeginning
BalanceBond Payment Set Aside Pmt Interest Ending Balance
Next Bond DS Pmt 6/15/2019
Final Maturity Call Date
2006 A Senior 50,051.51 - 96.16 50,147.67 10,000.00 12/15/2022 12/15/2016
2010 A1 Senior 159,942.27 119,389.48 172.65 279,504.40 613,175.00 12/15/2024 12/15/2020
2010 A2 Sub 702,652.23 123,760.65 758.49 827,171.37 635,625.00 12/15/2021 12/15/2020
2010 B Senior 81,360,832.31 8,848,181.82 132,587.26 90,341,601.39 89,613,750.00 6/15/2024 6/15/2020
2012 senior 6,310,310.15 1,094,077.27 9,050.87 7,413,438.29 8,337,425.00 6/15/2026 6/15/2022
2014 A Sub 4,337,433.42 651,977.27 6,523.41 4,995,934.10 5,513,375.00 6/15/2032 6/15/2024
2014 B1 Senior 1,119,788.43 279,000.00 1,349.77 1,400,138.20 1,534,500.00 6/15/2027 6/15/2024
2014 B2 Sub 1,551,932.11 212,250.00 2,397.60 1,766,579.71 1,919,875.00 6/15/2027 6/15/2024
2018 A Sub 7,837,054.96 1,922,748.22 9,555.67 9,769,358.85 11,767,250.00 6/15/2030 6/15/2028
TOTAL 103,429,997.39 13,251,384.71 162,491.88 116,843,873.98 119,944,975.00
NMDOT BOND SERIES PROJECT/OTHER FUNDS - Portfolio Summary
Bond SeriesBeginning
Balance Draws - Payments Interest Ending Balance
2006 A Arbitrage 225,925.88 442.38 226,368.26
2014 A Project 8,166,012.64 - 15,989.79 8,182,002.43
TOTAL 8,391,938.52 - 16,432.17 8,408,370.69
NMDOT BOND SERIES LINE OF CREDIT - Portfolio Summary
Line of CreditBeginning
BalanceDraws -
ContributionsCommitment
Fee Ending Balance
Wells Fargo 50,000,000.00 50,000,000.00
Payments - - - -
TOTAL 50,000,000.00 - - 50,000,000.00 Commitment Fees Paid $542,500
Used : 1-mo LIBOR + .77% Unued : .20%
INVESTMENT OF NM DEPT OF TRANSPORTATION BONDSNMDOT - BOND SERIES PORTFOLIO SUMMARIES
April 30, 2019
Agreement Terms
BNSF Line expires 6/30/2019
$- $20 $40 $60 $80
$100 $120 $140
91.971.6 85.0 85.2
111.8125.3
Mill
ions
NMDOT - Consolidated Investment PortfolioMarket Value
Debt Service, 116,843,874 ,
93%
Arbitrage Rebate,
226,368 , 0%
Project, 8,182,002 …
NMDOT - Breakdown by Fund
96
NMDOT/NMFA OUTSTANDING BOND DEBT SERVICEFor Period: 2st half Fiscal Year 2019
Bond Series
Amount
Oustanding as of
Dec 31, 2018
Final Maturity
Date
Principal Debt
Service Due
6/15/2019
Interest Debt
Service Due
6/15/2019
Total Debt
Service Due
6/15/2019
Debt Service held
as of 4/30/2019
Shortage /
Overage as of
4/30/2019
Fixed Rate
Bonds
2006 A Sr 500,000 12/15/22 10,000 10,000 50,148 40,148
2010 A-1 Sr 25,935,000 12/15/24 613,175
2010 A-2 Sub 25,665,000 12/15/21 635,625 1,248,800 1,106,676 (142,124)
2010 B Sr 297,150,000 6/15/24 82,385,000 7,228,750 89,613,750 90,341,601 727,851
2012 Sr 168,670,000 6/15/26 4,640,000 3,697,425 8,337,425 7,413,438 (923,987)
2014 A Sub 66,335,000 6/15/32 3,855,000 1,658,375 5,513,375 4,995,934 (517,441)
2014 B-1 Sr 61,380,000 6/15/27 1,534,500 1,534,500 1,400,138 (134,362)
2014 B-2 Sub 16,595,000 6/15/27 1,505,000 414,875 1,919,875 1,766,580 (153,295)
2018 A Sub 420,090,000 6/15/30 1,265,000 10,502,250 11,767,250 9,769,359 (1,997,891)
1,082,320,000 93,650,000 26,294,975 119,944,975 116,843,874 (3,101,101)
Senior Lien 553,635,000 87,025,000 13,083,850 99,495,675
Subordinate Lien 528,685,000 6,625,000 13,211,125 20,449,300
Total 1,082,320,000
Payments on Dec 15, 2018 9,140,000 25,774,756 34,914,756
TOTAL Annual DS 102,790,000 52,069,731 154,859,731
97
Tab 10e Approval of FY20
Local Government
Road Fund Projects
98
Commission Brief
SUBJECT: Approval of FY20 Local Government Road Fund Project
PRESENTER: Marcos B. Trujillo; Project Oversight Division
Director and Clarissa Martinez; Local Government Program Manager
BACKGROUND:
Attached is the FY20 Local Government Road Fund Program for State
Transportation Commission review and approval. The following programs are
attached:
Municipal Arterial Program
Others Program
County Cooperative Agreements
Municipal Cooperative Agreements
School District Cooperative Agreements
County Arterial Program
School Bus Route Agreements
ACTION:
COMMISSION APPROVAL
99
COOPERATIVE PROGRAM $9,030,000.00
COUNTY COOPS =33% X $9,030,000.00 = $2,979,900.00
MUNICIPALITIES COOPS =49% X $9,030,000.00 = $4,424,700.00
SCHOOL DISTRICT COOPS =14% X $9,030,000.00 = $1,264,200.00
OTHERS COOPS = 4% X $9,030,000.00 = $361,200.00
COUNTY ARTERIAL PROGRAM = $5,590,000.00
SCHOOL BUS ROUTES PROGRAM = $3,440,000.00
MUNICIPAL ARTERIAL PROGRAM = $5,705,000.00
DISTRICT 1: COUNTY COOPS = $572,759.00MUNICIPALITY COOPS = $657,594.00SCHOOL DISTRICT COOP = $179,931.00SCHOOL BUS ROUTES = $573,333.00 $1,983,617.00
COUNTY ARTERIAL
GRANT = $148,684.00HIDALGO = $108,155.00SIERRA = $124,574.00DONA ANA = $235,778.00SOCORRO = $241,976.00LUNA = $291,653.00 $1,150,820.00
DISTRICT 2: COUNTY COOPS = $743,897.00MUNICIPALITY COOPS = $1,014,871.00SCHOOL DISTRICT COOPS = $332,016.00SCHOOL BUS ROUTES = $573,333.00 $2,664,117.00
COUNTY ARTERIAL
DE BACA = $161,830.00LINCOLN = $169,072.00CHAVES = $242,696.00CURRY = $238,660.00EDDY = $228,149.00OTERO = $264,877.00ROOSEVELT = $225,525.00LEA = $226,245.00 $1,757,054.00
LOCAL GOVERNMENT ROAD FUND FY 2020
100
DISTRICT 3: COUNTY COOPS = $387,357.00MUNICIPALITY COOPS = $1,081,278.00SCHOOL DISTRICT COOPS = $298,385.00SCHOOL BUS ROUTES = $573,333.00 $2,340,353.00
COUNTY ARTERIAL
BERNALILLO = $154,829.00VALENCIA = $115,293.00SANDOVAL = $253,284.00 $523,406.00
DISTRICT 4: COUNTY COOPS = $504,358.00MUNICIPALITY COOPS = $536,051.00SCHOOL DISTRICT COOPS = $142,731.00SCHOOL BUS ROUTES = $573,333.00 $1,756,473.00
COUNTY ARTERIAL
MORA = $72,856.00COLFAX = $124,872.00GUADALUPE = $151,425.00HARDING = $129,272.00SAN MIGUEL = $112,685.00UNION = $222,205.00QUAY = $210,875.00 $1,024,190.00
DISTRICT 5: COUNTY COOPS = $427,642.00MUNICIPALITY COOPS = $699,437.00SCHOOL DISTRICT COOPS = $237,449.00SCHOOL BUS ROUTES = $573,333.00 $1,937,861.00
COUNTY ARTERIAL
LOS ALAMOS = $25,752.00TAOS = $75,146.00SAN JUAN = $157,697.00SANTA FE = $123,001.00RIO ARRIBA = $170,547.00TORRANCE = $186,902.00 $739,045.00
DISTRICT 6: COUNTY COOPS = $343,887.00MUNICIPALITY COOPS = $435,469.00SCHOOL DISTRICT COOPS = $73,687.00SCHOOL BUS ROUTES = $573,333.00 $1,426,376.00
`COUNTY ARTERIAL
CIBOLA = $86,452.00MCKINLEY = $118,616.00CATRON = $190,412.00 $395,480.00
LOCAL GOVERNMENT ROAD FUNDFY 2020
101
Fiscal Year 2020Municipal Arterial Program Application Requests
Entity Project Amount
State Amount
Entity Amount
SelectedDistric District Recommended
City of Anthony $1,147,941 $860,956 $286,9851 $300,000.00
City of Deming $374,522 $280,892 $93,6311 $280,891.00
City of Lordsburg $478,850 $359,137 $119,7121
City of Socorro $550,000 $412,500 $137,5001 $219,942.00
City of Sunland Park $400,919 $300,689 $100,2301
City of Truth or Consequ $562,954 $422,216 $140,7391
Village of Columbus $495,580 $371,685 $123,8951
Village of Santa Clara $200,000 $150,000 $50,0001 $150,000.00
City of Eunice $294,330 $220,748 $73,5832 $200,000.00
City of Hobbs $650,000 $487,500 $162,5002 $200,000.00
City of Jal $678,139 $508,604 $169,5352 $250,833.00
City of Lovington $534,695 $401,021 $133,6742
City of Ruidoso Downs $368,000 $276,000 $92,0002 $100,000.00
City of Texico $735,966 $551,975 $183,9922
Village of Capitan $334,000 $250,500 $83,5002
Village of Fort Sumner $396,173 $297,130 $99,0432 $100,000.00
Village of Loving $507,011 $380,258 $126,7532
Village of Ruidoso $458,235 $343,676 $114,5592 $100,000.00
City of Belen $435,000 $326,250 $108,7503
City of Rio Rancho $210,000 $157,500 $52,5003
Town of Peralta $375,000 $281,250 $93,7503 $487,500.00
Village of Bosque Farms $960,000 $720,000 $240,0003
Village of Corrales $1,192,857 $894,643 $298,2143 $463,333.00
Friday, May 10, 2019 Page 1 of 2102
Entity Project Amount
State Amount
Entity Amount
SelectedDistric District Recommended
Village of Los Lunas $915,000 $686,250 $228,7503
City of Las Vegas $500,000 $375,000 $125,0004 $190,167.00
City of Raton $300,786 $225,590 $75,1974 $190,167.00
City of Tucumcari $313,892 $235,419 $78,4734 $190,167.00
Town of Springer $164,400 $123,300 $41,1004
Village of Angel Fire $533,100 $399,825 $133,2754 $190,166.00
Village of Cimarron $734,193 $550,645 $183,5484
Village of Eagle Nest $1,184,000 $888,000 $296,0004
Village of Maxwell $300,000 $225,000 $75,0004 $190,166.00
Village of Roy $508,000 $381,000 $127,0004
City of Bloomfield $2,153,000 $1,614,750 $538,2505 $113,869.00
City of Espanola $1,041,500 $781,125 $260,3755 $113,869.00
City of Farmington $1,568,088 $1,176,066 $392,0225 $113,869.00
City of Moriarty $550,004 $412,503 $137,5015 $113,869.00
City of Santa Fe $2,572,655 $1,929,491 $643,1645 $113,869.00
Town of Red River $205,000 $153,750 $51,2505 $153,750.00
Town of Taos $1,596,294 $1,197,221 $399,0745 $113,869.00
Village of Questa $748,280 $561,210 $187,0705 $113,869.00
City of Gallup $1,584,220 $1,188,165 $396,0556 $950,833.00
City of Grants $1,620,004 $1,215,003 $405,0016
Village of Reserve $378,100 $283,575 $94,5256
Summary for = (44 detail records)
Sum $31,810,688 $23,858,016 $7,952,672 $5,704,998
Friday, May 10, 2019 Page 2 of 2103
New Mexico Department of TransportationAnnual Program Local Government Road Fund
Others ProgramFiscal Year 2020
Project # Entity Project Total State Amount Local Match
1District NMSU $80,267 $60,200 $20,067
Summary for 'Dist' = 1 (1 detail record)Sum $80,267 $60,200 $20,067
2District Mescalero Apache Tribe $80,267 $60,200 $20,067
Summary for 'Dist' = 2 (1 detail record)Sum $80,267 $60,200 $20,067
3District Santo Domingo Pueblo $80,267 $60,200 $20,067
Summary for 'Dist' = 3 (1 detail record)Sum $80,267 $60,200 $20,067
4District Luna Community College $80,267 $60,200 $20,067
Summary for 'Dist' = 4 (1 detail record)Sum $80,267 $60,200 $20,067
5District Navajo Nation $80,267 $60,200 $20,067
Summary for 'Dist' = 5 (1 detail record)Sum $80,267 $60,200 $20,067
6District NMSU College $20,067 $15,050 $5,017
Laguna Pueblo $20,067 $15,050 $5,017
Acoma Pueblo $20,067 $15,050 $5,017
Ramah Navajo $20,067 $15,050 $5,017
Summary for 'Dist' = 6 (4 detail records)Sum $80,268 $60,200 $20,068
$481,603Grand Total $361,200Grand Total $120,403Grand Total
Friday, May 10, 2019 Page 1 of 1104
New Mexico Department of TransportationAnnual Program Local Government Road Fund
County Cooperative AgreementsFiscal Year 2020
Project # Entity Project Total State Amount Local Match CN
1District Grant County $88,164 $66,123 $22,041 L100400
Hidalgo County $40,000 $30,000 $10,000 L100401
Luna County $183,300 $137,475 $45,825 L100402
Sierra County $142,504 $106,878 $35,626 L100403
Socorro County $102,083 $76,562 $25,521 L100404
Doña Ana County $207,628 $155,721 $51,907 L100399
Summary for 'Dist' = 1 (6 detail records)Sum $763,679 $572,759 $190,920
2District Chaves County $205,196 $153,897 $51,299 L200458
Curry County $320,000 $240,000 $80,000 L200461
De Baca County $100,000 $75,000 $25,000 L200465
Lea County $100,000 $75,000 $25,000 L200469
Roosevelt County $266,667 $200,000 $66,667 L200475
Summary for 'Dist' = 2 (5 detail records)Sum $991,863 $743,897 $247,966
3District Sandoval County $184,904 $138,678 $46,226 L300238
Bernalillo County $146,668 $110,001 $36,667 L300232
Valencia County $184,904 $138,678 $46,226 L300235
Summary for 'Dist' = 3 (3 detail records)Sum $516,476 $387,357 $129,119
Friday, May 10, 2019 Page 1 of 2105
Project # Entity Project Total State Amount Local Match CN
4District Colfax County $81,991 $61,493 $20,498 L400426
Guadalupe Counnty $99,425 $74,569 $24,856 L400427
Harding County $84,879 $63,659 $21,220 L400428
San Miguel County $73,988 $55,491 $18,497 L400429
Union County $145,899 $109,424 $36,475 L400430
Quay County $138,459 $103,844 $34,615 L400431
Mora County $47,837 $35,878 $11,959 L400425
Summary for 'Dist' = 4 (7 detail records)Sum $672,478 $504,358 $168,120
5District Los Alamos County $66,667 $50,000 $16,667 L500347
Taos County $80,000 $60,000 $20,000 L500375
Santa Fe County $80,108 $60,081 $20,027 L500350
Rio Arriba County $114,472 $85,854 $28,618 L500367
San Juan County $114,472 $85,854 $28,618 L500355
Torrance County $114,472 $85,854 $28,618 L500361
Summary for 'Dist' = 5 (6 detail records)Sum $570,191 $427,643 $142,548
6District Cibola County $152,839 $114,629 $38,210 L600149
McKinley County $152,839 $114,629 $38,210 L600147
Catron County $152,839 $114,629 $38,210 L600148
Summary for 'Dist' = 6 (3 detail records)Sum $458,517 $343,887 $114,630
$3,973,204Grand Total $2,979,901Grand Total $993,303Grand Total
Friday, May 10, 2019 Page 2 of 2106
New Mexico Department of TransportationAnnual Program Local Government Road Fund
Municipal Cooperative AgreementsFiscal Year 2020
Project # Entity Project Total State Amount Local Match CN
1District City of Anthony $69,215 $51,911 $17,304 L100405
City of Bayard $41,333 $31,000 $10,333 L100406
City of Deming $41,845 $31,384 $10,461 L100408
City of Elephant Butte $62,125 $46,594 $15,531 L100409
City of Las Cruces $77,181 $57,886 $19,295 L100412
City of Lordsburg $50,215 $37,661 $12,554 L100413
City of Socorro $57,925 $43,444 $14,481 L100418
City of Sunland Park $58,588 $43,941 $14,647 L100419
City of T or C $40,000 $30,000 $10,000 L100420
Town of Hurley $40,000 $30,000 $10,000 L100411
Town of Mesilla $67,531 $50,648 $16,883 L100415
Town of Silver City $63,937 $47,953 $15,984 L100417
Village of Columbus $58,779 $44,084 $14,695 L100407
Village of Hatch $62,757 $47,068 $15,689 L100410
Village of Magdalena $45,360 $34,020 $11,340 L100414
Village of Santa Clara $40,000 $30,000 $10,000 L100416
Summary for 'Dist' = 1 (16 detail records)Sum $876,791 $657,594 $219,197
2District City of Eunice $328,247 $246,185 $82,062 L200444
City of Jal $133,332 $99,999 $33,333 L200446
City of Portales $133,332 $99,999 $33,333 L200447
City of Ruidoso Downs $293,333 $220,000 $73,333 L200449
Town of Elida $78,251 $58,688 $19,563 L200443
Friday, May 10, 2019 Page 1 of 3107
Project # Entity Project Total State Amount Local Match CN
Village of Fort Sumner $173,333 $130,000 $43,333 L200445
Village of Ruidoso $213,333 $160,000 $53,333 L200448
Summary for 'Dist' = 2 (7 detail records)Sum $1,353,161 $1,014,871 $338,290
3District City of Belen $122,667 $92,000 $30,667 L300250
City of Rio Communities $222,000 $166,500 $55,500 L300249
City of Rio Rancho $233,333 $175,000 $58,333 L300245
Town of Peralta $245,333 $184,000 $61,333 L300247
Village of Bosque Farms $93,333 $70,000 $23,333 L300251
Village of Corrales $226,667 $170,000 $56,667 L300248
Village of Los Lunas $107,333 $80,500 $26,833 L300252
Village of Tijeras $191,037 $143,278 $47,759 L300246
Summary for 'Dist' = 3 (8 detail records)Sum $1,441,703 $1,081,278 $360,425
4District City of Las Vegas $51,053 $38,290 $12,763 L400446
City of Raton $51,053 $38,290 $12,763 L400447
City of Santa Rosa $51,053 $38,290 $12,763 L400448
City of Tucumcari $51,053 $38,290 $12,763 L400449
Town of Clayton $51,053 $38,290 $12,763 L400450
Town of Springer $51,052 $38,289 $12,763 L400451
Village of Angel Fire $51,052 $38,289 $12,763 L400452
Village of Cimarron $51,052 $38,289 $12,763 L400453
Village of Des Moines $51,052 $38,289 $12,763 L400454
Village of Eagle Nest $51,052 $38,289 $12,763 L400455
Village of Folsom $51,052 $38,289 $12,763 L400458
Village of Logan $51,052 $38,289 $12,763 L400456
Village of Maxwell $51,052 $38,289 $12,763 L400457
Village of Roy $51,052 $38,289 $12,763 L400459
Friday, May 10, 2019 Page 2 of 3108
Project # Entity Project Total State Amount Local Match CN
Summary for 'Dist' = 4 (14 detail records)Sum $714,733 $536,051 $178,682
5District City of Espanola $124,073 $93,055 $31,018 L500365
City of Farmington $124,073 $93,055 $31,018 L500370
Town of Estancia $79,075 $59,306 $19,769 L500358
Town of Red River $124,072 $93,054 $31,018 L500371
Town of Taos $140,617 $105,463 $35,154 L500373
Village of Chama $66,981 $50,236 $16,745 L500372
Village of Encino $82,407 $61,805 $20,602 L500348
Village of Taos Ski Valley $98,877 $74,158 $24,719 L500369
Village of Willard $92,407 $69,305 $23,102 L500364
Summary for 'Dist' = 5 (9 detail records)Sum $932,582 $699,437 $233,145
6District City of Gallup $193,543 $145,157 $48,386 L600152
City of Grants $193,541 $145,156 $48,385 L600151
Village of Milan $193,541 $145,156 $48,385 L600150
Summary for 'Dist' = 6 (3 detail records)Sum $580,625 $435,469 $145,156
$5,899,595Grand Total $4,424,700Grand Total $1,474,895Grand Total
Friday, May 10, 2019 Page 3 of 3109
New Mexico Department of TransportationAnnual Program Local Government Road Fund
School District Cooperative AgreementsFiscal Year 2019
Project # Entity Project Total State Amount Local Match
1District Truth or Consequences Municipal Schools $3,721 $2,791 $930 L100428
Gadsden Independent School District $37,011 $27,758 $9,253 L100422
Hatch Valley Public Schools $33,205 $24,904 $8,301 L100423
Las Cruces Public Schools $33,371 $25,028 $8,343 L100424
Lordsburg Municipal Schools $32,805 $24,604 $8,201 L100425
Magdalena Municipal Schools $22,923 $17,192 $5,731 L100426
Silver Consolidated School District $47,777 $35,833 $11,944 L100427
Animas Public Schools $29,095 $21,821 $7,274 L100421
Summary for 'Dist' = 1 (8 detail records)Sum $239,908 $179,931 $59,977
2District Jal Public Schools $200,000 $150,000 $50,000 L200456
Clovis Municipal School $242,688 $182,016 $60,672 L200457
Summary for 'Dist' = 2 (2 detail records)Sum $442,688 $332,016 $110,672
3District Albuquerque Public Schools $109,333 $82,000 $27,333 L300241
Los Lunas Schools $113,333 $85,000 $28,333 L300242
Belen Consolidated Schools $87,589 $65,692 $21,897 L300243
Cuba Independent Schools $87,591 $65,693 $21,898 L300244
Summary for 'Dist' = 3 (4 detail records)Sum $397,846 $298,385 $99,461
Friday, May 10, 2019 Page 1 of 2110
Project # Entity Project Total State Amount Local Match
4District House Municipal Schools $14,640 $10,980 $3,660 L400461
Las Vegas City Schools $14,640 $10,980 $3,660 L400462
Roy Municipal Schools $14,639 $10,979 $3,660 L400469
West Las Vegas Schools $14,639 $10,979 $3,660 L400472
Clayton Municipal Schools $14,640 $10,980 $3,660 L400460
Springer Municipal Schools $14,639 $10,979 $3,660 L400470
Raton Public Schools $14,639 $10,979 $3,660 L400468
Pecos Independent Schools $14,639 $10,979 $3,660 L400467
Mosquero Independent Schools $14,639 $10,979 $3,660 L400466
Mora Independent Schools $14,639 $10,979 $3,660 L400465
Logan Municiapl Schools $14,639 $10,979 $3,660 L400464
Maxwell Public Schools $14,640 $10,980 $3,660 L400463
Tucumcari Public Schools $14,639 $10,979 $3,660 L400471
Summary for 'Dist' = 4 (13 detail records)Sum $190,311 $142,731 $47,580
5District Estancia Municipal Schools $78,651 $58,988 $19,663 L500360
Farmington Municipal Schools $89,667 $67,250 $22,417 L500353
Central Consolidated Schools $74,933 $56,200 $18,733 L500352
Pojoaque Valley Schools $73,348 $55,011 $18,337 L500354
Summary for 'Dist' = 5 (4 detail records)Sum $316,599 $237,449 $79,150
6District Grants-Cibola County Schools $98,249 $73,687 $24,562 L600153
Summary for 'Dist' = 6 (1 detail record)Sum $98,249 $73,687 $24,562
$1,685,601Grand Total $1,264,199Grand Total $421,402Grand Total
Friday, May 10, 2019 Page 2 of 2111
New Mexico Department of TransportationAnnual Program Local Government Road Fund
County Arterial ProgramFiscal Year 2020
Project # Entity Project Total State Amount Local Match CN
1District
Grant County $198,245 $148,684 $49,561 L100435
Luna County $388,871 $291,653 $97,218 L100436
Sierra County $166,099 $124,574 $41,525 L100437
Socorro County $322,635 $241,976 $80,659 L100438
Doña Ana County $314,371 $235,778 $78,593 L100434
Summary for 'Dist' = 1 (5 detail records)Sum $1,390,221 $1,042,665 $347,556
2District
De Baca County $215,773 $161,830 $53,943 L200464
Roosevelt County $300,700 $225,525 $75,175 L200474
Otero County $353,169 $264,877 $88,292 L200472
Lincoln County $225,429 $169,072 $56,357 L200471
Eddy County $304,199 $228,149 $76,050 L200467
Curry County $318,213 $238,660 $79,553 L200462
Chaves County $323,595 $242,696 $80,899 L200459
Lea County $301,660 $226,245 $75,415 L200468
Summary for 'Dist' = 2 (8 detail records)Sum $2,342,738 $1,757,054 $585,684
3District
Valencia County $153,724 $115,293 $38,431 L300236
Sandoval County $337,712 $253,284 $84,428 L300239
Bernalillo County $206,439 $154,829 $51,610 L300233
Summary for 'Dist' = 3 (3 detail records)Sum $697,875 $523,406 $174,469
Friday, May 10, 2019 Page 1 of 2112
Project # Entity Project Total State Amount Local Match CN
4District
Colfax County $166,496 $124,872 $41,624 L400433
Guadalupe Counnty $201,900 $151,425 $50,475 L400434
Harding County $172,363 $129,272 $43,091 L400435
San Miguel County $150,247 $112,685 $37,562 L400436
Union County $296,273 $222,205 $74,068 L400437
Quay County $281,167 $210,875 $70,292 L400438
Mora County $97,141 $72,856 $24,285 L400432
Summary for 'Dist' = 4 (7 detail records)Sum $1,365,587 $1,024,190 $341,397
5District
Los Alamos County $34,336 $25,752 $8,584 L500345
Torrance County $249,203 $186,902 $62,301 L500363
Rio Arriba County $227,396 $170,547 $56,849 L500366
Santa Fe County $164,001 $123,001 $41,000 L500351
Taos County $100,195 $75,146 $25,049 L500376
San Juan County $210,263 $157,697 $52,566 L500356
Summary for 'Dist' = 5 (6 detail records)Sum $985,394 $739,045 $246,349
6District
Catron County $253,883 $190,412 $63,471 L600156
McKinley County $158,155 $118,616 $39,539 L600154
Cibola County $115,269 $86,452 $28,817 L600155
Summary for 'Dist' = 6 (3 detail records)Sum $527,307 $395,480 $131,827
$7,309,122Grand Total $5,481,840Grand Total $1,827,282Grand Total
Friday, May 10, 2019 Page 2 of 2113
New Mexico Department of TransportationAnnual Program Local Government Road Fund
School Bus Route AgreementsFiscal Year 2020
Project # Entity Project Total State Amount Local Match
1District Grant County $94,781 $71,086 $23,695 L100430
Luna County $194,877 $146,158 $48,719 L100431
Sierra County $144,761 $108,571 $36,190 L100432
Socorro County $134,299 $100,724 $33,575 L100433
Doña Ana County $195,725 $146,794 $48,931 L100429
Summary for 'Dist' = 1 (5 detail records)Sum $764,443 $573,333 $191,110
2District Chaves County $130,667 $98,000 $32,667 L200460
Curry County $200,000 $150,000 $50,000 L200463
De Baca County $100,444 $75,333 $25,111 L200466
Lea County $53,333 $40,000 $13,333 L200470
Otero County $53,333 $40,000 $13,333 L200473
Roosevelt County $226,667 $170,000 $56,667 L200476
Summary for 'Dist' = 2 (6 detail records)Sum $764,444 $573,333 $191,111
3District Sandoval County $313,333 $235,000 $78,333 L300240
Bernalillo County $217,777 $163,333 $54,444 L300234
Valencia County $233,333 $175,000 $58,333 L300237
Summary for 'Dist' = 3 (3 detail records)Sum $764,443 $573,333 $191,110
Friday, May 10, 2019 Page 1 of 2114
Project # Entity Project Total State Amount Local Match
4District Colfax County $93,203 $69,902 $23,301 L400440
Guadalupe Counnty $113,023 $84,767 $28,256 L400441
Harding County $96,487 $72,365 $24,122 L400442
San Miguel County $84,107 $63,080 $21,027 L400443
Union County $165,852 $124,389 $41,463 L400444
Quay County $157,395 $118,046 $39,349 L400445
Mora County $54,379 $40,784 $13,595 L400439
Summary for 'Dist' = 4 (7 detail records)Sum $764,446 $573,333 $191,113
5District Taos County $131,481 $98,611 $32,870 L500374
Torrance County $131,481 $98,611 $32,870 L500362
Los Alamos County $131,481 $98,611 $32,870 L500346
Rio Arriba County $131,481 $98,611 $32,870 L500368
Santa Fe County $113,779 $85,334 $28,445 L500349
San Juan County $124,740 $93,555 $31,185 L500357
Summary for 'Dist' = 5 (6 detail records)Sum $764,443 $573,333 $191,110
6District Catron County $254,815 $191,111 $63,704 L600159
McKinley County $254,815 $191,111 $63,704 L600157
Cibola County $254,815 $191,111 $63,704 L600158
Summary for 'Dist' = 6 (3 detail records)Sum $764,445 $573,333 $191,112
$4,586,664Grand Total $3,439,998Grand Total $1,146,666Grand Total
Friday, May 10, 2019 Page 2 of 2115
Tab 11a Approval of
Continued Use of the
“Jal Route” as a
Temporary
Negotiated Alternate
Southern WIPP
Route
116
Commission Brief
SUBJECT: Approving continued use of the “Jal Route” as a Temporary, Negotiated Alternate Southern WIPP Route
PRESENTER: Rick Padilla, State Maintenance Engineer
BACKGROUND: May 8, 2019, the DOE-CBFO requested NMDOT extend the term of use of the temporary, negotiated alternate Southern WIPP route (the “Jal Route”) beyond the termination date of June 30, 2019 established by the STC in Resolution No. 2018-14 (DEC). As justification for continued use of the Jal Route, instead of the existing, designated Southern WIPP route (US 285 to US 62/180), DOE-CBFO identifies on-going safety concerns related to portions of US 285 as well as anticipated impacts, including lane shifts and detours, during a planned, multi-year sink-hole remediation project south of Carlsbad, adjacent to the Southern Route. NMDOT suggests a six month extension to the term of use of the Jal Route as a temporary alternate to the designated Southern Route, allowing use until December 31, 2019, unless terminated earlier by notice.
117
ACTION: Adopt STC Resolution No. 2019-03 (MAY), approving a 6 month extension in the term of use of the Jal Route as a temporary, negotiated alternate Southern WIPP route until December 31 2019, unless terminated earlier by notice.
118
STATE OF NEW MEXICO
STATE TRANSPORTATION COMMISSION
RESOLUTION NO. 2019-03 (MAY)
APPROVING AN EXTENDED TERM OF USE OF THE TEMPORARY, NEGOTIATED ALTERNATE, SOUTHERN WIPP ROUTE
WHEREAS, on May 8, 2019, the Department of Energy – Carlsbad Field Office (DOE-CBFO) requested the NMDOT extend the term of use of the temporary, negotiated, alternate southern WIPP route, (the “Jal Route”) beyond the termination date of June 30, 2019 to December 31, 2020; WHEREAS, State Transportation Commission (STC) Resolution No. 2018-07 (MAY) authorized temporary use of the Jal Route, which is described as follows: (Attachment 1, map)
Beginning at the NM/TX border, proceed west on NM 176 toward Eunice and to the junction of NM 18, then travel south on NM 18, toward Jal to the junction with NM 128, then continue west on NM 128 to the south access WIPP road;
WHEREAS, STC Resolution No. 2018-14 (DEC) modified the term of use of the Jal Route from December 31, 2018 to June 30, 2019. WHEREAS, DOE-CBFO requests the term extension to allow DOE to continue to use the Jal Route for transport of highway route controlled quantity shipments of radioactive materials bound for the Waste Isolation Pilot Plant (WIPP) near Carlsbad, New Mexico, as an alternate to use of the designated Southern WIPP route (“US 285”); WHEREAS, as justification for continued use of the Jal Route for WIPP shipments the DOE-CBFO identifies on-going safety concerns related to portions of US 285 as well as anticipated impacts from a planned, multi-year remediation of a sink hole south of Carlsbad, including road construction lane-shifts and detours impacting the Southern Route; WHEREAS, the STC and DOE-CBFO may agree to temporary use of an alternative route within New Mexico to allow the shipments access to the WIPP pursuant to the controlling federal rules under the Code of Federal Regulations (CFR) Title 49, Section 397, and in accordance with the provisions of the Western Governor’s Association (WGA) WIPP Program Implementation Guide (WIPP-PIG);
119
WHEREAS, CFR Title 49, Section 397.101 permits DOE-CBFO to operate over a route, other than a designated, preferred route, where deviation is necessary due to emergency conditions making the designated route unsafe or impossible, and where such deviation complies with criteria minimizing radiological risk and mileage based upon an appropriate route analysis determining the level of radiological risk; WHEREAS, WIPP-PIG, Section 12, “Highway Routing of WIPP Shipments” provides that the state routing agency, may determine an alternate WIPP shipment route through a negotiation process with DOE-CBFO, where such negotiated alternate route takes in to account the overall risk to the public, segment lengths, vehicle speeds, population, and other relevant factors and specific conditions; WHEREAS, in accordance with CFR Title 49 Section 397.101 and the WGA WIPP-PIG, NMDOT performed a route analysis of potential alternate southern routes, which currently rates the Jal Route as the preferred alternate southern route into the WIPP facility; WHEREAS, the Radioactive and Hazardous Materials Act, NMSA 1978, §§ 74-4A-1 through 74-4A-14 (1991), provides exclusive authority to the State Transportation Commission (STC) to designate highway routes for the transportation of radioactive material; WHEREAS, the STC acknowledges DOE-CBFO’s relevant special expertise in this matter as well as its commitment to provide this technical, analytic assistance as part of its obligations to the State of New Mexico under the Memorandum of Agreement between the Western Governors and the U.S. Department of Energy concerning regional protocol for the safe transportation of transuranics to and from the Carlsbad WIPP site; WHEREAS, based on the DOE-CBFO assessment that the need for an alternate southern route is both urgent and temporary, NMDOT concurs with DOE-CBFO that continued, temporary use of the Jal Route is preferable and best addresses the urgent need for an alternate southern WIPP route; WHEREAS, as part of the negotiated alternate route agreement, DOE-CBFO will continue to comply with any conditions related to the use of the temporary route as may be required by the NMDOT, New Mexico State Police, Commercial Vehicle Enforcement Bureau (NMSP-CVE), New Mexico Motor Transportation Police (MTP), and as further identified by the New Mexico Radioactive Waste Consultation Task Force (“Task Force”); and WHEREAS, in accordance with WIPP-PIG, Section 12, continued use of the temporary, negotiated alternate route is effective upon notice to DOE-CBFO of the STC resolution approving the extension of the term of use of the Jal Route.
120
NOW, THEREFORE, IT IS RESOLVED THAT THE NEW MEXICO STATE TRANSPORTATION COMMISSION approves an extension to the term of use for the Jal Route, as a temporary, negotiated, alternate southern WIPP route; and IT IS FURTHER RESOLVED, that the Jal Route is immediately effective and shall terminate on December 31, 2019 unless terminated earlier by notice; and IT IS FURTHER RESOLVED, that the use of the Jal Route route is conditioned on DOE-CBFO performance of any and all arrangements related to the transportation of transuranics along the route as required by the NMDOT, NMSP-CVE, MTP, or by the Task Force. ADOPTED BY THE STATE TRANSPORTATION COMMISSION IN OPEN MEETING ON MAY 21, 2019.
_________________________________ Walter Adams, Chairman District 4 _________________________________ Jennifer Sandoval, Vice-Chairman District 1 _________________________________ Charles Lundstrom, Secretary District 6 _________________________________ Bruce Ellis, Commissioner District 2 _________________________________ Keith Mortensen, Commissioner District 3 _________________________________
, Commissioner District 5
121
US Hwy 62
State Hwy 115
State Hwy 176
State Hwy 128
State Hwy 214
US Hwy 62
State Hwy 128
State
Hwy 1
8
State Hwy 176
Jal Hwy
W Carlsbad Hwy
Lovington Hwy
US Hwy 285
State
Hwy 8
State
Hwy 3
60
State Hwy 31
E-38
State Hwy 238
State
Hwy 4
83
Co R
d 18
Bermuda Rd
Andrews Hwy
E Seminole Hwy
Hobbs Hwy
State Hwy 31
State
Hwy 1
8
Hobbs
Nadine
Jal
North Hobbs
Lovington
Monument
Eunice
Malaga
Carlsbad
Loving
Loco Hills
Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS,AeroGRID, IGN, and the GIS User Community
P:\20190093\TRANS\Study\Analysis\Maps\RouteA3_report.mxdAuthor: mbishop November 2018
WIPP Route A31 in = 55,000 ft
Wipp
Acce
ssR o
ad
New Mexico
Texas
0 55,00027,500Feet
LegendSegment 1Segment 2Segment 3
Segment 4Segment 5Segment 6
122
Tab 12a Approval of
Proposed Changes
to STC Meeting
Schedule Dates and
Locations
123
Commission Brief
SUBJECT: Approval of Proposed Changes to STC
Meeting Schedule Dates and Locations
PRESENTER: Michael Sandoval, Cabinet Secretary,
NMDOT
BACKGROUND:
ACTION: Action
124
PROPOSED AMENDED 2019 STC SCHEDULE
NEW MEXICO STATE TRANSPORTATION COMMISSION
LOCATION, DATES DEADLINES
DateAgenda
deadline
Legal Notice
deadline
January 25, 2019 Santa Fe (D5) January 9, 2019 January 11, 2019
April 18, 2019 Albuquerque (D3) April 4, 2019 April 5, 2019
May 22, 2019 Las Cruces (D1) May 8, 2019 May 8, 2019
August 15, 2019 Ruidoso (D2) July 31, 2019 August 2, 2019
September 19, 2019 Milan/Gallup (D6) September 4, 2019 September 6, 2019
October 17, 2019 Hobbs (D2) October 2, 2019 October 4, 2019
November 21, 2019 Las Vegas (D4) October 30, 2019 November 8, 2019
Note: All meetings begin at 8:30 am unless specified
Location
125