Approval of City's Participation in NMDOT's Local Government Road Fund - Henry Lynch - L500665 (Resolution)-combined

Extracted text

10651.1 1
CITY OF SANTA FE, NEW MEXICO1
RESOLUTION NO. 2026-__2
INTRODUCED BY:3
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Councilor Jamie Cassutt5
Mayor Michael Garcia6
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A RESOLUTION10
APPROVING THE CITY OF SANTA FE’S PARTICIPATION IN THE NEW MEXICO11
DEPARTMENT OF TRANSPORTATION’S LOCAL GOVERNMENT ROAD FUND12
PROGRAM FOR THE HENRY LYNCH ROAD RECONSTRUCTION PROJECT BY13
ENTERING INTO COOPERATIVE GRANT AGREEMENT, CONTROL NUMBER14
L500665.15
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WHEREAS, the City of Santa Fe (“City”) and the New Mexico Department of17
Transportation (“Department”) wish to enter into a cooperative grant agreement, (“Agreement”),18
included as Attachment A, Control No. L500665, under the Local Government Road Fund19
(“LGRF”) Program for a local road project (“Project”), the purpose of which is to construct two20
10-foot travel lanes, to install Americans with Disabilities Act (“ADA”)-compliant sidewalks on21
both sides of the roadway, to construct separated bicycle lanes, to install curb and gutter, to improve22
storm water drainage systems, to construct a modern roundabout at the intersection of Henry Lynch23
Road and Agua Fria Street; and24
WHEREAS, the Project is a joint and coordinated effort for which the parties each have25

10651.1 2
authority or jurisdiction and the Agreement specifies and delineates the rights and duties of the1
parties; and2
WHEREAS, this Resolution serves to assume ownership, liability, and maintenance3
responsibility for the Project scope, or related amenities, as required by the Agreement, attached as4
Attachment A; and5
WHEREAS, the total estimated Project cost is Four Hundred Twenty-Three Thousand6
Four Hundred Seventy-Five Dollars ($423,475), to be funded in proportional share by the parties7
hereto as follows:8
1. The Department’s share will be Seventy-Five Percent (75%), or Three Hundred9
Seventeen Thousand Six Hundred Six Dollars ($317,606)10
2. The City’s share shall be Twenty-Five Percent (25%), or One Hundred Five Thousand11
Eight Hundred Sixty-Nine Dollars ($105,869); and12
WHEREAS, the City of Santa Fe shall pay all costs, which exceed the total project cost13
of $423,475.14
NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE15
CITY OF SANTA FE determines, resolves, and orders as follows:16
a. The Project for the Cooperative Agreement, included as Attachment A, is adopted and17
has a priority standing.18
b. The Cooperative Agreement terminates on December 31st, 2027, and the City of Santa19
Fe incorporates all the agreements, covenants, and understandings between the parties hereto20
concerning the subject matter hereof, and all such covenants, agreements and understandings have21
been merged into the written agreement.22
c. The person listed below, or their successor, is the Grantee’s official representative shall23
have signature authority to bind the City of Santa Fe to the terms and conditions of this Cooperative24
Agreement,25

10651.1 3
1
Grantee: City of Santa Fe2
Name: Michael Garcia (or successor)3
Title: Mayor4
d. The person listed below, or their successor, shall have authority to request in writing and5
secure extensions to the Cooperative Agreement on behalf of the City of Santa Fe in the manner6
set forth by the Cooperative Agreement.:7
Grantee: City of Santa Fe8
Name: Romella Glorioso-Moss (or successor)9
Title: Capital Projects Manager10
BE IT FURTHER RESOLVED by the Governing Body that the City of Santa Fe shall11
enter into Cooperative Agreement for Project, Control Number L500665, included as Attachment12
A, with the New Mexico Department of Transportation for the LGRF Program for fiscal year 202713
for Reconstruction of Henry Lynch Road between La Paz Lane and Agua Fria Street -14
Construction of two 10-foot travel lanes installation of ADA-compliant sidewalks on both sides15
of the roadway, construction of separated bicycle lanes, installation of curb and gutter, storm water16
drainage improvements, construction of a modern roundabout at the intersection of Henry Lynch17
Road and Agua Fria Street, within the control of City of Santa Fe in the State of New Mexico.18
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PASSED, APPROVED, and ADOPTED this ______day of ___________, 2026.20
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10651.1 4
____________________________1
MICHAEL J. GARCIA, MAYOR2
3
ATTEST:4
5
_______________________________6
GERALYN F. CARDENAS, CITY CLERK7
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APPROVED AS TO FORM:11
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_____________________________________________13
MARCOS D. MARTÍNEZ, CITY ATTORNEY14
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Legislation/2026/Resolutions/Henry Lynch Local Government Road Fund Agreement25Marcos D. Martínez (Aug 19, 2026 11:43:27 MDT)
Marcos D. Martínez

LGRF Agreement Rev 5/2024 Page 1 of 10 FY2027
Contract No.
Vendor No. 0000054360
Control No. HW2L500665
LOCAL GOVERNMENT ROAD FUND
COOPERATIVE AGREEMENT
This Agreement is between the New Mexico Department of Transportation (Department) and
City of Santa Fe (Public Entity), collectively referred as the “parties.” This Agreement is effective
as of the date of the last party to sign it on the signature page below.
Pursuant to NMSA 1978, Sections 67-3-28 and 67-3-28.2, and State Transportation Commission
Policy No. 44, and
Pursuant to the Public Entity’s resolution that assumes ownership, liability, and maintenance
responsibility for the project scope, or related amenities, and required funding to support the
Project identified herein, the parties agree as follows:
Purpose.
The purpose of this Agreement is to provide Local Government Road Funds to the Public
Entity for the Project, as described in Control No. L500665, and the Public Entity’s resolution
attached as Exhibit C. See:
Construction of two 10-foot travel lanes installation of ADA-compliant on both sides of the
roadway, construction of separated bicycle lanes
The Project is a joint and coordinated effort for which the parties each have authority or
jurisdiction. This Agreement specifies and delineates the rights and duties of the parties.
Project Funding.
The estimated total cost for the Project is Four Hundred Twenty Three Thousand Four
Hundred Seventy F Dollars and Cents ($423,475) to be funded in proportional
share by the parties as follows:
Project Funding Department
Share
Public Entity
Share
Total Project
Cost
Funding Source 1 75% 25%
FY 2027 Local Government Road
Fund
For the purpose stated above in
Section 1.
$317,606 $105,869 $423,475
Total Project Cost $423,475
Attachment A

LGRF Agreement Rev 5/2024 Page 2 of 10 FY2027
b. The Public Entity shall pay all Project costs, which exceed the Total Project Cost.
c. Any costs incurred by the Public Entity prior to this Agreement are not eligible for
reimbursement and are not included in the amount listed in this Section 2.
3. The Department Shall:
Pay the Department’s Share of Project Funding identified in Section 2, Paragraph a, to the
Public Entity in a single lump sum payment after:
a. Receipt of a cover letter requesting funds;
b. Receipt of a Notice of Award and Notice to Proceed;
c. Receipt of Estimated Summary of Costs and Quantities;
d. Verification of available Local Government Road Funds and Public Entity’s local matching
funds identified in Section 2, Paragraph a; and
e. All required documents must include Department Project and Control Number.
4. The Public Entity Shall:
a. Act in the capacity of lead agency for the Project described in Section 1.
b. Submit an estimate of the Project, including work to be performed and cost to the District
Engineer within thirty (30) calendar days of execution of this Agreement, or as otherwise
agreed to in writing by the parties.
c. Be solely responsible for all proportional matching funds identified in Section 2. Certify
that these matching funds have been appropriated, budgeted, and approved for expenditure
prior to execution of this Agreement.
d. Pay all costs, and perform and supply or contract for all labor and material, for the purpose
as described in Section 1 and the Project estimate approved by the District Engineer.
e. Procure and award any contract in accordance with applicable procurement law, rules,
regulations and ordinances.
f. In accordance with project parameters, assume the lead planning and implementation role
and sole responsibility for environmental, archaeological, utility clearances; railroad and
Intelligent Transportation System (ITS) clearances; right-of-way acquisition; project
development and design; and project construction and management.
g. Cause all designs and plans to be performed under the direct supervision of a Registered
New Mexico Professional Engineer, when applicable, as approved by the Department.
h. Obtain all required written agreements or permits, as applicable, from all public and private
entities.
i. Allow the Department to inspect the Project to confirm that the Project is constructed in
accordance with the provisions of this Agreement. Disclosures of any failure to meet such
requirements and standards as identified by the Department, will result in termination for
default, including without limitation the Public Entity’s costs for funding, labor, equipment
and materials.
j. Complete the project within eighteen (18) months of approval of funding by the State
Transportation Commission.
k. Within thirty (30) calendar days of completion, provide written certification that all work
under this Agreement was performed in accordance with either the New Mexico
Department of Transportation’s Standard Specification, Current Edition; American Public
Works Association (APWA) Specifications; Department approved Public Entity

LGRF Agreement Rev 5/2024 Page 3 of 10 FY2027
established Specifications; or Department Specifications established for Local Government
Road Fund projects, by submitting the Project Certification of Design, Construction,
and Cost form, attached as Exhibit B.
l. Within thirty (30) calendar days of completion, furnish the Department an AS BUILT
Summary of Costs and Quantities form, attached as Exhibit C. The report should reflect
the total cost of the Project as stated in the Project Certification of Design, Construction,
and Cost form.
m. Failure to provide the Project Certification of Design, Construction, and Cost form and
an AS BUILT Summary of Costs and Quantities report within thirty (30) calendar days
of Project completion is a material breach of this Agreement and Public Entity shall
reimburse to the Department all funds disbursed in accordance with this Agreement.
n. Upon completion, maintain all Public Entity facilities that were constructed or
reconstructed under this Agreement.
5. Both Parties Agree:
a. Upon termination of this Agreement any remaining property, materials, or equipment
belonging to the Department will be accounted for and disposed of by the Public Entity as
directed by the Department.
b. Any unexpended or unencumbered balance from the Local Government Road Fund
appropriated for this Project reverts to the Department. These balances, if any, must be
reimbursed to the Department within thirty (30) calendar days of project completion or
expiration of this Agreement, whichever occurs first.
c. This Project is not being incorporated into the State Highway System and the Department
is not assuming maintenance responsibility or liability.
d. Pursuant to NMSA 1978, Section 67-3-28.2, Local Government Road Funds granted under
this provision cannot be used by the Public Entity to meet a required match under any other
program.
e. As applicable for state-funded projects, the provisions of the Tribal/Local Public Agency
(T/LPA) State Funding Handbook (Current Edition), and for projects with federal funds,
the provisions of the Tribal/Local Public Agency (T/LPA) Federal Funding Handbook
(Current Edition), are incorporated by reference and control the contractual rights and
obligations of the parties unless in conflict with the specific terms expressed in this
Agreement or any amendments.
6. Term.
This Agreement becomes effective upon signature of all Parties. The effective date is the date
when the last party signed the Agreement on the signature page below. This Agreement
terminates on 12/31/2027. In the event an extension to the term is needed, the Public Entity
shall provide through a duly authorized agent written notice along with detailed justification
to the Department sixty (60) calendar days prior to the expiration date to ensure timely
processing of an Amendment.
7. Termination.
a. If the Public Entity fails to comply with any provision of this Agreement, the Department
may terminate this Agreement by providing thirty (30) calendar days written notice.
b. The Department may terminate this Agreement if the funds identified in Section 2 have not
been contractually committed within one year from the effective date of this Agreement.

LGRF Agreement Rev 5/2024 Page 4 of 10 FY2027
c. If sufficient appropriations and authorizations are not made, this Agreement will terminate
immediately upon written notice of the Department to the Public Entity.
d. Neither party has any obligation after termination, except as stated in Sections 4, 5, and 16.
8. Third Party Beneficiary.
It is not intended by any of the provisions of this Agreement to create in the public or any
member of the public a third party beneficiary or to authorize anyone not a party to the
Agreement to maintain suit for wrongful death(s), bodily and/or personal injury(ies) to
person(s), damage(s) to property(ies), and/or any other claim(s) whatsoever pursuant to the
provisions of this Agreement.
9. Liability.
As between the Department and Public Entity, neither party shall be responsible for liability
incurred as a result of the other party’s acts or omissions in connection with this Agreement.
Any liability incurred in connection with this Agreement is subject to the immunities and
limitations of the New Mexico Tort Claims Act, NMSA 1978, Sections 41-4-1, et seq., and
other applicable law.
10. Contractors Insurance Requirements.
The Public Entity shall require contractors and subcontractors hired for the Project to have a
general liability insurance policy, with limits of liability of at least $1,000,000 per occurrence.
The Department is to be named as an additional insured on the contractors and subcontractor’s
policy and a certificate of insurance and endorsements listing the Department as an additional
insured must be provided to the Department and must state that coverage provided under the
policy is primary over any other valid insurance.
To the fullest extent permitted by law, the Public Entity shall require the contractor and
subcontractors to defend, indemnify and hold harmless the Department from and against any
liability, claims, damages, losses or expenses (including but not limited to attorney’s fees, court
costs, and the cost of appellate proceedings) arising out of or resulting from the negligence,
act, error, or omission of the contractor and subcontractor in the performance of the Project, or
anyone directly or indirectly employed by the contractor or anyone for whose acts they are
liable in the performance of the Project.
11. Scope of Agreement.
This Agreement incorporates agreements, covenants, and understandings between the parties
concerning the subject matter. All such covenants, agreements, and understandings have been
merged into this Agreement. No prior agreement or understandings, verbal or otherwise, of the
parties or their agents are valid or enforceable unless included in this Agreement.
12. Terms of this Agreement.
The terms of this Agreement are lawful. Performance of all duties and obligations must
conform with and not contravene any state, local, or federal statutes, regulations, rules, or
ordinances.
13. Legal Compliance.

LGRF Agreement Rev 5/2024 Page 5 of 10 FY2027
The Public Entity shall comply with all applicable federal, state, and local laws, and
Department regulations and policies in the performance of this Agreement, including, but not
limited to laws governing civil rights, equal opportunity compliance, environmental issues,
workplace safety, employer-employee relations and all other laws governing operations of the
workplace. The Public Entity shall include the requirements of this Section 13 in each contract
and subcontract at all tiers.
14. Equal Opportunity Compliance.
The parties agree to abide by all federal and state laws and rules and regulations, and executive
orders of the Governor of the State of New Mexico, pertaining to equal employment
opportunity. In accordance with all such laws and rules and regulations, and executive orders
of the Governor of the State of New Mexico, the parties agree to assure that no person in the
United States will, on the grounds of race, color, national origin, ancestry, sex, sexual
preference, age, disability, or other protected class, be excluded from employment with, or
participation in, any program or activity performed under this Agreement. If the Public Entity
is found to not comply with these requirements during the term of this Agreement, the parties
agree to take appropriate steps to correct these deficiencies, subject to Section 7 above.
15. Appropriations and Authorizations.
The terms of this Agreement are contingent upon sufficient appropriations and authorizations
being made by the governing board of the Public Entity, the Legislature of New Mexico, or
the Congress of the United States if federal funds are involved, for performance of the
Agreement. If sufficient appropriations and authorizations are not made by the Public Entity,
Legislature of New Mexico, or the Congress of the United States if federal funds are involved,
this Agreement will terminate upon written notice being given by one party to the other. The
Department and Public Entity are expressly not committed to expenditure of any funds until
such time as they are programmed, budgeted, encumbered, and approved for expenditure.
16. Accountability of Receipts and Disbursements.
There shall be strict accountability for all receipts and disbursements relating to this
Agreement. The Public Entity shall maintain all records and documents relative to the Project
for a minimum of five years after completion of the Project. The Public Entity shall furnish
the Department and State Auditor, upon demand, any and all such records relevant to this
Agreement. If documentation is insufficient to support an audit by customarily accepted
accounting practices, the expense supported by such insufficient documentation must be
reimbursed to the Department within thirty (30) calendar days. If an audit finding determines
that specific funding was inappropriate or not related to the Project, the Public Entity shall
reimburse that portion to the Department within thirty (30) calendar days of written
notification.
17. Severability.
In the event that any portion of this Agreement is determined to be void, unconstitutional or
otherwise unenforceable, the remainder of this Agreement will remain in full force and effect.
18. Applicable Law.

LGRF Agreement Rev 5/2024 Page 6 of 10 FY2027
The laws of the State of New Mexico shall govern this Agreement, without giving effect to its
choice of law provisions. Venue is proper in a New Mexico Court of competent jurisdiction
in accordance with NMSA 1978, Section 38-3-1(G).
19. Amendment.
This Agreement may be altered, modified, or amended only by an instrument in writing
executed by the parties.
The remainder of this page is intentionally left blank.

LGRF Agreement Rev 5/2024 Page 7 of 10 FY2027
In witness whereof, each party is signing this Agreement on the date stated opposite that party’s
signature.
NEW MEXICO DEPARTMENT OF TRANSPORTATION
By:_____________________________ Date: _______________
Cabinet Secretary or Designee
Approved as to form and legal sufficiency by the New Mexico Department of Transportation’s
Office of General Counsel
By:_______________________________ Date: _________________
Assistant General Counsel
City of Santa Fe
By:_______________________________ Date: _________________
Title: _____________________________
Attest: ____________________________
City of Santa Fe Clerk or Designee



LGRF Agreement Rev 5/2024 Page 8 of 10 FY2027
EXHIBIT A
PROJECT CERTIFICATION OF
DESIGN, CONSTRUCTION, AND COST
TO: New Mexico Department of Transportation
District _____ LGRF Coordinator
Cooperative Agreement No. __________________ Control No. ____________________
Joint Powers Agreement No. __________________ Control No. ____________________
Entity: _______________________________________________________________________
Scope of Work (Including Routes and Termini):
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
________
I, the undersigned, in my capacity as ________________ of _____________________ state
that:
1. The design is in compliance with all state laws, rules, regulations, and local ordinances and
was performed in accordance with the provisions set forth in this Agreement and in the
Tribal/Local Public Agency State Funding Handbook (Current Edition);
2. Construction of the project was performed in accordance with standards and specifications set
forth in:
__________________________________________________________________________
and completed on _____________________, 20_____; and
3. That the total project cost of __________________________, with New Mexico Department
of Transportation 75% share of _____________________ and the Public Entity share of
_________________________ (as submitted in attached “As Built Summary of Costs and
Quantities”) is accurate, legitimate, and appropriate for the project.
_________________________ ___________________________
Name Date
_________________________
Print Name
_________________________
Title

LGRF Agreement Rev 5/2024 Page 9 of 10 FY2027
EXHIBIT B
AS BUILT SUMMARY
OF COSTS AND QUANTITIES
CONTRACT
ENTITY: No.: CN:
PROJECT No.:
TERMINI:
SCOPE OF
WORK:
ITEM ITEM DESCRIPTION UNIT ESTIMATED FINAL UNIT FINAL
NO. QUANTITY QUANTITY COST COST

LGRF Agreement Rev 5/2024 Page 10 of 10 FY2027
EXHIBIT C
City of Santa Fe RESOLUTION
PARTICIPATION IN LOCAL GOVERNMENT ROAD FUND PROGRAM ADMINISTERED BY
NEW MEXICO DEPARTMENT OF TRANSPORTATION
WHEREAS, the City of Santa Fe and the New Mexico Department of Transportation have entered
into a cooperative grant agreement under the Local Government Road Fund Program for a local road
project.
WHEREAS, the total cost of the project will be $423,475 to be funded in proportional share by the
parties hereto as follows:
CN L500665
Project Funding
Department
Share
Public Entity
Share
Total Project
Cost
Funding Source 1 75% 25% 100%
FY 2027 Local Government Road Fund
Construction of two 10-foot travel lanes designed
to calm traffic while maintaining efficient vehicle
movement, installation of ADA-compliant on
both sides of the roadway, constructionof
separated bicycle lanes to provide dedicated
bicycle facilities, ins
$317,606 $105,869 $423,475
WHEREAS, the City of Santa Fe shall pay all costs, which exceed the total project cost of $423,475.
NOW THEREFORE, be it resolved in official session that City of Santa Fe determines, resolves, and
orders as follows:
a. The project for this Cooperative Agreement is adopted and has a priority standing.
b. The Cooperative Agreement terminates on 12/31/2027 and the City of Santa Fe incorporates all
the agreements, covenants, and understandings between the parties hereto concerning the subject
matter hereof, and all such covenants, agreements and understandings have been merged into the
written agreement.
c. The agent of the City of Santa Fe, _______________________________(name or title), shall have
signature authority to bind the City of Santa Fe to the terms and conditions of this Cooperative
Agreement, and shall have authority to request in writing and secure extensions to the Cooperative
Agreement on behalf of the City of Santa Fe in the manner set forth by the Cooperative Agreement.
NOW THEREFORE, be it resolved by the City of Santa Fe to enter into Cooperative Agreement for
Project Control Number L500665 with the New Mexico Department of Transportation for the LGRF
Program for fiscal year 2027 for Reconstruction of Henry Lynch Road (Phase A) between La Paz Lane
and Agua Fria Street - Construction of two 10-foot travel lanes designed to calm traffic while
maintaining efficient vehicle movement, installation of ADA-compliant on both sides of the roadway,
constructionof separated bicycle lanes to provide dedicated bicycle facilities, ins within the control of
City of Santa Fe in the State of New Mexico.
(Appropriate Signatures below (Council, Commission, School Board, Tribe, Pueblo, Nation, etc.)
(PRINTED NAME, POSITION) DATE
(PRINTED NAME, POSITION) DATE
(PRINTED NAME, POSITION) DATE