10651.1 1 CITY OF SANTA FE, NEW MEXICO1 RESOLUTION NO. 2026-__2 INTRODUCED BY:3 4 Councilor Jamie Cassutt5 6 7 8 9 A RESOLUTION10 APPROVING THE CITY OF SANTA FE’S PARTICIPATION IN THE NEW MEXICO11 DEPARTMENT OF TRANSPORTATION’S LOCAL GOVERNMENT ROAD FUND FOR12 THE HENRY LYNCH ROAD RECONSTRUCTION PROJECT, CONTROL NO. L500689.13 14 WHEREAS, the City of Santa Fe (“City”) and the New Mexico Department of15 Transportation (“Department”) wish to enter into a cooperative grant agreement, (“Agreement”),16 included as Attachment A, Control No. L500689, under the Local Government Road Fund17 (“LGRF”) Program for a local road project (“Project”), the purpose of which is to plan, design,18 construct, reconstruct, rehabilitate pavement, manage construction, construct drainage systems and19 make improvements on Henry Lynch Road from Rufina Street to Agua Fria Street; and20 WHEREAS, the Project is a joint and coordinated effort for which the parties each have21 authority or jurisdiction and the Agreement specifies and delineates the rights and duties of the22 parties; and23 WHEREAS, this Resolution serves to assume ownership, liability, and maintenance24 responsibility for the Project scope, or related amenities, as required by the Agreement, attached as25 10651.1 2 Attachment A; and1 WHEREAS, the total estimated Project cost is Two Hundred Eighty-Five Thousand Six2 Hundred Sixty-Eight Dollars ($285,668), to be funded in proportional share by the parties hereto3 as follows:4 1. The Department’s share will be Seventy-Five Percent (75%), or Two Hundred5 Fourteen Thousand Two Hundred Fifty-One Dollars ($214,251)6 2. The City’s share shall be Twenty-Five Percent (25%), or Seventy-One Thousand Four7 Hundred Seventeen Dollars ($71,417); and8 WHEREAS, the purpose of this project funding is for planning, design, construction,9 reconstruction, pavement rehabilitation, construction management, drainage and miscellaneous10 improvements of the Henry Lynch Road Reconstruction project from Rufina Street to Agua Fria11 Street; and12 WHEREAS, the City of Santa Fe shall pay all costs, which exceed the total project cost13 of $285,668.14 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 this Cooperative Agreement is adopted and has a priority standing.17 b. The Cooperative Agreement terminates on June 30, 2028, and the City of Santa Fe18 incorporates all the agreements, covenants, and understandings between the parties hereto19 concerning the subject matter hereof, and all such covenants, agreements and understandings have20 been merged into the written agreement.21 c. The person listed below, or their successor, is the Grantee’s official representative shall22 have signature authority to bind the City of Santa Fe to the terms and conditions of this Cooperative23 Agreement,24 Grantee: City of Santa Fe25 10651.1 3 Name: Michael Garcia1 Title: Mayor2 d. The person listed below, or their successor, shall have authority to request in writing and3 secure extensions to the Cooperative Agreement on behalf of the City of Santa Fe in the manner4 set forth by the Cooperative Agreement.:5 Grantee: City of Santa Fe6 Name: Romella Glorioso-Moss7 Title: Capital Projects Manager8 BE IT FURTHER RESOLVED by the City of Santa Fe to enter into Cooperative9 Agreement for Project Control Number L500689 with the New Mexico Department of10 Transportation for the LGRF Program for fiscal year 2027 for Agua Fria Street to Rufina Street/11 Henry Lynch Road - Planning, Design, Construction, Reconstruction, Pavement Rehabilitation,12 Construction Management, Drainage and Miscellaneous Improvements within the control of City13 of Santa Fe in the State of New Mexico.14 15 PASSED, APPROVED, and ADOPTED this ______day of ___________, 2026.16 17 18 ____________________________19 MICHAEL J. GARCIA, MAYOR20 21 ATTEST:22 23 _______________________________24 GERALYN F. CARDENAS, CITY CLERK25 10651.1 4 1 APPROVED AS TO FORM:2 3 _____________________________________________4 MARCOS D. MARTINEZ, CITY ATTORNEY5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Legislation/2026/Resolutions/City Participation in LGRF for Henry Lynch Road Reconstruction Project25Marcos D. Martinez (Aug 20, 2026 13:02:54 MDT) Marcos D. Martinez LGRF MAP AGREEMENT Page 1 of 17 FY2027/ L500689 Rev 5/2024 Contract No. Vendor No. 0000054360 Control No. HW2L500689 MUNICIPAL ARTERIAL PROGRAM COOPERATIVE AGREEMENT This Agreement is between the New Mexico Department of Transportation (Department) and City of Santa Fe (Public Entity), collectively referred to 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: 1. Purpose. The purpose of this Agreement is to provide Local Government Road Funds to the Public Entity for the Project, as described on Control No. L500689, and the Public Entity’s resolution attached as Exhibit C. See: Planning, Design, Construction, Reconstruction, Pavement Rehabilitation, Construction Management, Drainage and Misc. Improvements 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. 2. Project Funding. a. The estimated total cost for the Project is Two Hundred Eighty Five Thousand Six Hundred Sixty Eight Dollars and No Cents ($285,668) 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. $214,251 $71,417 $285,668 Total Project Cost $285,668 Attachment A LGRF MAP AGREEMENT Page 2 of 17 FY2027/ L500689 Rev 5/2024 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, as 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 (or Work Order) 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. 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. c. Pay all costs, and perform and supply or contract for all labor and material, for the purpose as described in Section 1 and the construction work specified in the Project’s plans. d. Advertise, let, and supervise Project construction, including to procure and award any contract in accordance with applicable procurement law, rules, regulations and ordinances. e. 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. f. Cause all designs and PS&Es to be performed under the direct supervision of a Registered New Mexico Professional Engineer. g. Obtain all required written agreements or permits relating to any realignment of Public Entity’s roads, when applicable, from all public and private entities. h. Initiate the preliminary engineering, survey, and all design activities, and coordinate Project construction. i. Consider provisions for pedestrian, bicycle and equestrian facilities in the Project design in accordance with NMSA 1978, Section 67-3-62. j. Initiate and cause to be prepared the necessary Plans, Specifications, and Estimates (PS&E) for this Project. k. Design the Project in accordance with Exhibit A, "Minimum Design Standards", which is incorporated into this Agreement. l. Adhere to Exhibit B, "Minimum Survey and Right of Way Acquisition Requirements", which is incorporated into this Agreement. m. Comply with Exhibit D, "Construction Phase Duties and Obligations", which is incorporated into this Agreement. n. Make no changes in design or scope of work, unless for safety reasons and with documented approval of the Department. o. Allow the Department to inspect the Project to confirm that the Project is constructed in LGRF MAP AGREEMENT Page 3 of 17 FY2027/ L500689 Rev 5/2024 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 of this Agreement, for default, including without limitation its costs for funding, labor, equipment, and materials. p. Complete the project within twenty-four (24) months of approval of funding by the State Transportation Commission. q. Prior to Project construction, furnish the Department’s District 5 Office the "Certification of the Pre-Construction Contract Phase" form, attached as Certification No. 1. r. Within thirty (30) calendar days of completion, furnish the Department’s District 5 Office the “Certification of Construction Phase” form, attached as Certification No. 2. s. Within thirty (30) calendar days of completion, furnish the Department’s District 5 Office the “AS BUILT Summary of Costs and Quantities” form, attached as Certification No. 3. The report should reflect the total cost of project as stated in “Certification of Construction Phase” form. t. Failure to timely provide Certification Nos. 1, 2 and 3, listed above, will be considered a material breach of this Agreement and Public Entity shall reimburse to the Department all funds disbursed in accordance with this Agreement. u. Upon completion, maintain all the Public Entity’s facilities 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/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 June 30, 2028. 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 LGRF MAP AGREEMENT Page 4 of 17 FY2027/ L500689 Rev 5/2024 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. 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, Section 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 all 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 LGRF MAP AGREEMENT Page 5 of 17 FY2027/ L500689 Rev 5/2024 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. 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 LGRF MAP AGREEMENT Page 6 of 17 FY2027/ L500689 Rev 5/2024 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. 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 MAP AGREEMENT Page 7 of 17 FY2027/ L500689 Rev 5/2024 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 Recommended By District 5 By: ______________________________ Date: ____________________ District Engineer 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: _________________________________ Name and Title LGRF MAP AGREEMENT Page 8 of 17 FY2027/ L500689 Rev 5/2024 EXHIBIT A Minimum Design Standards 1. The design shall provide for all facilities as required by law (ADA compliance, bicycle paths, etc.). 2. The pavement shall be designed for a 20-year life as a minimum for new construction or reconstruction, or for a 10-year life as a minimum for rehabilitation. 3. The following documents shall be used as a minimum in the design of this Project: a. FHWA Manual of Uniform Traffic Control Devices, Current Edition as amended; b. AASHTO A Policy on Geometric Design of Highways and Streets, Current Edition ("Green Book"); c. AASHTO Guide for the Development of Bicycle Facilities, Current Edition; d. DEPARTMENT's Regulations for Driveway and Median Opening on Non-Access Controlled Highways, Current Update; e. DEPARTMENT’S Urban Drainage Design Criteria; f. DEPARTMENT’S Geotechnical Manual, Current Update; g. DEPARTMENT’S Action Plan; h. DEPARTMENT’S Tribal/Public Agency State Funding Handbook; Current Edition; i. DEPARTMENT’S Handbook of Hazardous Waste Management, Current Edition; j. DEPARTMENT’S Location Study Procedures; k. AASHTO Guide to Design of Pavement Structures, Current Edition, and; l. Other design publications as outlined in the DEPARTMENT’S Tribal/Public Agency State Funding Handbook. m. The Public Entity may use Public Entity established local design standards if approved by the District Engineer, for each Project. LGRF MAP AGREEMENT Page 9 of 17 FY2027/ L500689 Rev 5/2024 EXHIBIT B Minimum Survey and Right of Way Acquisition Requirements 1. Establish and permanently reference stations and monuments. 2. Determine and record sufficient topography to assure all relevant landmarks are shown. Include items such as buildings, sidewalks, driveways, walls, trees, etc. 3. Obtain and plot existing profile grade and cross-sections where necessary. Plot curb profiles as needed. 4. All utilities above and below ground and their owners shall be shown. 5. The surveyor shall verify, ascertain, and certify the right-of-way design plans. 6. All surveying and right-of-way mapping is to be performed in accordance with the DEPARTMENT’S Surveying Requirements, Current Edition, and Minimum Standards for Surveying, NMSA 1978, Sections 61-23-1 to 61-23-32. 7. All DEPARTMENT Right of Way Handbooks, particularly Right of Way Handbook (Current Edition, Local Public Agencies, shall be adhered to for all R/W operations, including Title Search, Property Survey, Right of Way Mapping, Appraisal, Appraisal Review, Acquisition (including donations), Relocation, and Right of Way Certification. Only qualified personnel may undertake Right of Way functions. Public Entity staff or consultants may not be used to perform any R/W functions unless the Public Entity certifies that each individual is qualified to perform each individual right of way activity, such as Title search, property survey, mapping, appraisal, etc. Right of Way operations shall conform to State statutes and Federal regulations. Future Federal funding for Project shall be jeopardized if right of way operations do not conform to State statutes and Federal regulations. 8. Obtain and prepare Title Reports that meet DEPARTMENT format and standards, for all affected R/W parcels. 9. Right of Way mapping shall be done in accordance with the “Attachment 2” checklist of the DEPARTMENT’S Right of Way Mapping Development Procedures Current Update. The surveyor shall verify and certify the checklist and the Right of Way maps. 10. Appraisals shall not begin until the Public Entity has 100% complete R/W maps. Public Entity or contracted (fee) appraisers shall not be used unless fully qualified. 11. Appraisal Reports shall be prepared in conformance with Federal and Statutes and regulations. LGRF MAP AGREEMENT Page 10 of 17 FY2027/ L500689 Rev 5/2024 In no event shall the appraisal review function be contracted to a consultant. One purpose of appraisal review is to assure that the appraisal meets DEPARTMENT requirements prior to the initiation of acquisition. 12. Public Entity or contracted (fee) negotiators shall not be used unless fully qualified. 13. The Public Entity shall maintain all records and documents relating to the Right of Way acquisition for a minimum of five (5) years, and shall record all transfer of ownership documents with the County Clerk. DEPARTMENT personnel shall be provided access to Project R/W files upon reasonable notice. 14. The Public Entity shall furnish the DEPARTMENT with a written certification (R/W Certification) stating that Right of Way acquisition (and relocations, if applicable) has been performed in compliance with Federal and State laws and regulations. LGRF MAP AGREEMENT Page 11 of 17 FY2027/ L500689 Rev 5/2024 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 $285,668 to be funded in proportional share by the parties hereto as follows: CN L500689 Project Funding Department Share Public Entity Share Total Project Cost Funding Source 1 75% 25% 100% FY 2027 Local Government Road Fund Planning, Design, Construction, Reconstruction, Pavement Rehabilitation, Construction Management, Drainage and Misc. Improvements $214,251 $71,417 $285,668 WHEREAS, the City of Santa Fe shall pay all costs, which exceed the total project cost of $285,668. 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 6/30/2028 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 L500689 with the New Mexico Department of Transportation for the LGRF Program for fiscal year 2027 for Agua Fria Street to Rufina Street/ Henry Lynch Road - Planning, Design, Construction, Reconstruction, Pavement Rehabilitation, Construction Management, Drainage and Misc. Improvements 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 LGRF MAP AGREEMENT Page 12 of 17 FY2027/ L500689 Rev 5/2024 (PRINTED NAME, POSITION) DATE EXHIBIT D Construction Phase Duties and Obligations 1. The Public Entity shall be responsible for all construction engineering, including Project supervision, surveying, inspection and testing when surveying and testing are not contracting items. 2. The Public Entity’s general conditions, standard drawings and specifications may be used if approved by the DEPARTMENT’S District Engineer. LGRF MAP AGREEMENT Page 13 of 17 FY2027/ L500689 Rev 5/2024 CERTIFICATION NO. 1 CERTIFICATION OF THE PRE-CONSTRUCTION CONTRACT PHASE Control No. L500689 I, ___________________________, in my capacity as_________________________ of ______________________________ do hereby certify with reference to the aforementioned Project Control Number as follows: 1. That the Public Entity has complied with the terms and conditions of the pre-construction phase requirements set forth in this Agreement. 2. That the design for this Project is in compliance with all state laws, rules, regulations, and local ordinances and in the rules and regulations of the DEPARTMENT. 3. The Public Entity (including, but not limited to, Temporary Construction Permits and Construction Maintenance Easements) has acquired that all necessary right(s)-of -way for the construction or reconstruction of this Project in compliance with the DEPARTMENT’S Right of Way Handbook (Current Edition) Local Public Agencies, and Exhibit B. 4. That all utilities within the location of this construction Project (check one or both of the following conditions): ___a. have been relocated ___b. are scheduled for relocation prior to or concurrent with construction of this Project and have been coordinated with the appropriate utility. 5. That the Public Entity has encumbered the necessary funds to complete the Project. 6. That the Public Entity has fully complied with the requirements of NMSA 67-3-62. 7. That roadway(s) and intersection(s) shall operate at a minimum Level of Service of C or D (LOS C or D) for the Projected 20 year design traffic volumes as specified in A Policy on Geometric Design of Highways and Streets, (Current Edition). 8. That traffic data collection, traffic projections, and traffic impact studies on this Project have been developed in conformance with the DEPARTMENT’S New Mexico Traffic Survey and Standards (Current Edition). 9. That no angle parking has been provided in this Project. LGRF MAP AGREEMENT Page 14 of 17 FY2027/ L500689 Rev 5/2024 10. That the Public Entity has completed a (check, which of the following conditions exists): ______a. 20 year pavement design; or ______b. 10 year pavement design with provision for extending the pavement life to 20 years, and has incorporated it in the plans and specifications for this Project. 11. That the Public Entity has completed a Project drainage report, which meets the DEPARTMENT’S minimum drainage criteria as referenced in the DEPARTMENT’S Drainage Manual. 12. All drainage costs have been prorated between the DEPARTMENT and the Public Entity if applicable, according to the DEPARTMENT’S Drainage Policy and Administrative Memorandum (Current Update) and prorated calculations have been approved in writing by the DEPARTMENT’S Drainage Section. 13. That the Public Entity has completed all required Environmental Documentation and clearances for this Project using guidance contained in the DEPARTMENT’S Action Plan,(Current Edition). 14. That the Public Entity has completed all required Archaeological Documentation and clearances for this Project using guidance contained in the DEPARTMENT’S Action Plan, (Current Edition). 15. That the following attached Agreement(s) have been executed, when required, for construction or reconstruction of this Project (attach copies to this certification): a. Lighting; b. signalization; c. storm sewer and lift station; d. landscape; e. road exchange; and f. any other applicable agreements. 16. That the Public Entity has complied with and certifies compliance with all applicable provisions of Exhibit A. 17. That this certification procedure has been executed prior to advertisements for contract bids or commencement of this Project. LGRF MAP AGREEMENT Page 15 of 17 FY2027/ L500689 Rev 5/2024 IN WITNESS WHEREOF, _____________________________________________ in his/her capacity as _________________________________ of _____________________ does hereby certify that the aforementioned matters stated herein are true to his/her knowledge and belief and does hereby set his/her hand and seal this day and year specified below: City of Santa Fe By:______________________________ Date: _____________________ Mayor ATTEST: By:______________________________ Date: _____________________ Public Entity Clerk When completed, send Certification No. 1 to: District LGRF Coordinator Department of Transportation LGRF MAP AGREEMENT Page 16 of 17 FY2027/ L500689 Rev 5/2024 CERTIFICATION NO. 2 CERTIFICATION OF THE CONSTRUCTION PHASE Control No. L500689 I, ____________________________, in my capacity as ___________________________ of ______________________________ do hereby certify with reference to the aforementioned Project Control Number as follows: 1. That the Public Entity has complied with the terms and conditions of the construction phase requirements under this Agreement. 2. That the Public Entity has complied with and certifies that the Project plan complies with all publications identified in Exhibit A. 3. That all work in Control No. L500689 was performed in accordance with the Agreement. 4. That the total Project cost of ____________________, with New Mexico Department of Transportation “DEPARTMENT” 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. 5. That the construction of the Project was completed on _________ of _____________, 20[#] IN WITNESS WHEREOF, __________________________________________ in his/her capacity as ___________________________ of ________________________ does hereby certify the aforementioned matters stated herein are true to his/her knowledge and belief and does hereby set his/her hand and seal this day and year specified below: City of Santa Fe By: ________________________ Date: _______________ Mayor ATTEST: By: ________________________ Date: _______________ Public Entity Clerk When completed, send Certification No. 2 to: District LGRF Coordinator, Department of Transportation LGRF MAP AGREEMENT Page 17 of 17 FY2027/ L500689 Rev 5/2024 CERTIFICATION NO. 3 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