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 Leadpaola@nmsu.edu

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

32

5/13/2019

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

34

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

36

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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5/13/2019

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

38

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 cashmanagement@asu.edu. 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 ASU.Awards@asu.edu 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: asu.awards@asu.edu

Cc Center Director: Edward.Kavazanjian@asu.edu; 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: IP@azte.com

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 subawards@asu.edu . 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