aztec city commission – workshop meeting agenda

Note: A final agenda will be posted 72 hours prior to the meeting. Copies of the agenda may be obtained from City Hall, 201 W. Chaco, Aztec, NM 87410.

“Our purpose is to continuously enhance our community’s vitality and overall quality of life. We are committed to providing high quality, cost-effective municipal services and

forming productive partnerships with our residents and regional organizations. We collectively develop, share, and are guided by a clear vision, values, and meaningful

objectives.” 5:15 Cannabis Regulation Act (CRA) & Aztec

Aztec City Commission – Workshop Meeting Agenda Tuesday, August 24, 2021; 5:15 pm

City Hall 201 West Chaco Street Aztec NM 87410

Staff Report

MEETING DATE: August 24, 2021

AGENDA ITEM: Workshop on Cannabis

AGENDA TITLE: The Cannabis Regulation Act (the CRA)

ACTION REQUESTED BY: City Staff

SUMMARY BY: Deputy City Manager

PROJECT DESCRIPTION / FACTS

On June 29, 2021, the State of New Mexico legalized recreational use of cannabis under House Bill 2, the Cannabis Regulation Aztec (CRA). The newly created Cannabis Control Division (CCD) is required to begin processing license applications for cannabis producers, cannabis producer microbusinesses, and properly licensed medical cannabis producers no later than September 1, 2021. In addition, the CRA provides that the CCD must commence issuing the remaining license types – including manufacturers and retailers no later than January 1, 2022. Retail sales of adult-use cannabis are to begin no later than April 1, 2022. The CRA indicates local jurisdictions can adopt ordinance(s) limiting the density of cannabis licenses and the operating times of cannabis businesses in Aztec, so as long as the ordinance does not conflict with the CRA or the Dee Johnson Clean indoor act. Also, the CRA allows local governments to:

• Create zoning for retail, production, and cultivation; • Allow for smoking, vaporizing and ingesting cannabis products within an indoor or outdoor

cannabis consumption area(s) (access to the cannabis consumption area is restricted to persons twenty-one years of age or older);

• The cannabis establishment or microbusiness is located at a minimum distance of 300-feet from a school or daycare that is in existence at the time the business is licensed processed.

The CRA prohibits local governments from:

• Preventing transportation of cannabis products on public roads by a licensee transport cannabis products in compliance with the Cannabis Regulation Act

• Completely prohibiting the operation of the licensee • Prohibit or limit signage attached to or located on licensed premises that identifies the premises

as a cannabis establishment • Require a licensed premises or a cannabis consumption area to be any more than three hundred

feet from a school or daycare center that was in existence at the time the cannabis establishment or integrated cannabis microbusiness was licensed

• Require an existing licensee at a licensed premises to relocate • Prohibit a person from producing homegrown cannabis as provided in the cannabis regulation

act (i.e. plants per a person over 21 years of age in the household with a maximum of 12 plants total).

Additionally, the CRA states: • A person can possess from 2 ounces up to 8 ounces • A person can only have 2 ounces physically on them the rest must be kept in a private location

not viewable to the public if they are 21 or older • Marijuana drug paraphernalia is legal to possess • A person can have 6 plants in their house out of public view if they are 21 or older and if two or

more people who are 21 or older reside in the house there is a maximum of 12 plants total • Prohibits the consumption of marijuana on sidewalk streets and public places

On August 19, 2021 the Economic Development Advisory Board (EDAB) held a public meeting dedicated the CRA. In the meeting, all board members indicated their support for reasonable regulations within Aztec, with respect to cannabis as an economic development opportunity. Originally, city staff proposed the following zoning regulations for cannabis retail, production, cultivation:

• Retail sales within the C-1 and C-2 Districts • Production in the C-2, M-1, and M-2 Districts • Cultivation in the C-2, M-1, and M-2 Districts • Setback of 300-feet from cannabis to cannabis business • Specifically exclude cultivation for retail use in Residential Zoning, including the A-1

District. • Cultivation of cannabis and manufacturing of cannabis/cannabidiol products for retail

sales are to be permitted as a Home Occupation • Prohibit sale of cannabis products from Mobile Food Units • Hours of Operation from 7: AM to 12:00 AM • Business Application Fees

In addition, cultivation would occur indoors, with a no sight or smell, and light deprivation greenhouse or warehouse. However, there was slight apprehension from EDAB, with respect to indoor cultivation and light deprivation requirements. Additionally, exploration of consumption lounge(s) were mentioned as means to attract business and tourism from EDAB. The initial regulations are means of balancing this new economic segment while protecting public health, safety, and well-being of our community.


“Our purpose is to continuously enhance our community’s vitality and overall quality of life. We are committed to providing high quality, cost-effective municipal services and forming

productive partnerships with our residents and regional organizations. We collectively develop, share, and are guided by a clear vision, values, and meaningful objectives.”

CALL TO ORDER I. INVOCATION AND PLEDGE OF ALLEGIANCE

United States Pledge of Allegiance

New Mexico Pledge of Allegiance I Salute the Flag of the State of New Mexico and the Zia Symbol of Perfect Friendship among United Cultures

II. ROLL CALL III. PRESENTATION

Vietnam Wall Presentation-Fred Harrington IV. PROCLAMATION

Constitution Week IV. APPROVAL OF AGENDA ITEMS VI. CONSENT AGENDA

A. Commission Meeting Minutes August 10, 2021 B. Resolution 2021-1238 A Resolution Authorizing the Assignment of Authorized Officers and

Agents for Grant Agreement F2357 C. Resolution 2021-1239 A Resolution Supporting the Application Submittal for Outdoor

Recreations Trails & Grant through Economic Development Department D. Northwest New Mexico Council of Governments Membership Agreement E. Wilson & Co. Contract Amendment #022221 F. Powerline Easements to Farmington Utility Electric System for Ancient Trails

Transmission and Substation G. City Commission’s Monthly Report

Aztec City Commission – Regular Meeting Agenda Tuesday, August 24, 2021; 6:00 pm

Aztec City Hall 201 West Chaco Street Aztec NM 87410


Items placed on the Consent Agenda will be voted on with one motion. If any item proposed does not meet the approval of all Commissioners, a Commissioner may request that the item be heard under “items from Consent Agenda”

VII. ITEMS REMOVED FROM CONSENT AGENDA VIII. CITIZENS INPUT (3 Minutes Maximum)

Limited to 3 minutes per person on subjects the Commission has not previously discussed, or formal action has not been taken. No formal action will be taken at this meeting which relates to comments or input from the General Public

IX. BUSINESS ITEMS A. NMML Voting Delegates B. Water/Waste Water System Overview

X. QUASI JUDICIAL HEARING XI. COMMISSIONER, CITY MANAGER, DEPARTMENT REPORTS XII. FUTURE AGENDA ITEMS

Potential Future City Commission Items appearing on the Agenda within 30-90 days.

Item Meeting City System Water Overview August 24 Award of Lower Animas Ditch Pump Replacement construction project September 14 Business Walk About (Public Notice) September 16 Commission Strategic Planning October Award of Reservoir 1 Rehabilitation Design o Bohannon Huston October 12

XIII. AJOURNMENT

CITY OF AZTEC COMMISSION MEETING MINUTES

Tuesday, July 27, 2021

CALL TO ORDER

Mayor Victor Pro-Tem Rosalyn Fry called the meeting to order at 6:00 pm at Aztec City Hall, 201 W. Chaco, Aztec NM 87410 I. INVOCATION AND PLEDGE OF ALLEGIANCE

A. Invocation led by Chief Mike Heal B. United States Pledge of Allegiance led by Commissioner Mark Lewis C. New Mexico pledge of Allegiance led by Commissioner Mark Lewis

II. ROLL CALL Members Present: Mayor Pro-Tem Rosalynn Fry; Commissioner Austin Randall;

Commissioner Mark Lewis; Commissioner Michael A. Padilla Sr. Members Absent: Mayor Victor Snover

Others Present: City Manager Paul Eckert; City Attorney Steven Murphy; City Clerk Karla

Sayler III. APPROVAL OF AGENDA ITEMS

MOVED by Commissioner Padilla to approve the agenda; SECONDED by Commissioner Lewis All Voted Aye: Motion Passed Four to Zero

IV. CONSENT AGENDA

A. Commission Meeting Minutes July 13, 2021 B. Bid 2021-775 North Main Extension Change Order #1 C. Resolution 2021-1235 Fiscal Year 2021 Special Budget Resolution Request D. Resolution 2021-1236 Fiscal Year 2021 4th Quarter Financial Report Approval Request E. Appointment of City Manager to Council of Government F. Appointment of City Manager to 4CED Board

MOVED by Commissioner Randall to Approve the Consent Agenda SECONDED by Commissioner Padilla All Voted Aye: Motion Passed Four To Zero

V. ITEMS REMOVED FROM CONSENT AGENDA None

Commission Meeting Minutes July 27, 2021 Page 2 of 4

VI. CITIZENS INPUT (3 Minutes Maximum) Keith Baker spoke to commission about the ditches that are by his residence on Swire Dr. He was inquiring on who works on cleaning the ditches. He said he has spent quite a bit of money cleaning it out himself and would like to know who to contact to have the responsible persons to come clean them. He was directed to speak to Public Works Director Steve Morse to get the information. VII. BUSINESS ITEMS A. Resolution 2021-1237 Fiscal Year 2022 Final Budget Approval Finance Director Anthony Bolling presented commission with a presentation on the FY22 Final

Budget. He reviewed the following information:

· Cash reserves/revenue forecasting/project updates/fund updates/department updates · Staffing changes/timing issues/budget resource deficit · Cash balances for City funds · Revenue adjustments · Project Updates · Fund Updates · Department Updates Tony gave a final summary to commission stating that the final FY2020 budget is $41,343,783 stating that this is a $2,419.731 (6%) increase from the preliminary budget. He mentioned that the major projects scheduled for FY2022 are: The final phase of The East Aztec Arterial and the North Main Corridor and mentioned that he would like to see staffing levels return to pre pandemic levels. Commissioner Padilla had some questions on staffing for Community Development Department position. It was mentioned by CD Director that the position was in the budget already pre pandemic. He mentioned that the new positon of Planning Tech. is one position only and it will take the place of Administrative Assistant. Mike mentioned that he would like to see changes to the budget before changes are made and presented to them.

MOVED by Commissioner Padilla, SECONDED by Commissioner Lewis to Approve Resolution 2021-1237 Fiscal Year 2022 Budget

All Voted Aye; Motion Passed Four to Zero VIII. QUASI JUDICIAL HEARING None VIII. COMMISSIONER, CITY MANAGER, DEPARTMENT REPORTS

City Manager Paul Eckert thanked commission for their contributions to the monthly reports that are now available to the public on our website.


Commission Randall mentioned he attended the Lodger’s Tax board and that they approved funding for events coming up in the City. (Octoberfest, Highland Games, Motocross) Commissioner Padilla thank Steve Murphy for stepping in as City Attorney. Commissioner Lewis mentioned that the Federal Government Bureau of Reclamation has started releasing water from Flaming Gorge Reservoir in Utah, The Blue Mesa Reservoir in Colorado, and Navajo Lake to maintain the hydro lift pool to maintain the electricity for Lake Powell and Lake Mead. Mayor Pro Tem mentioned the Pianos in the Park event on July 17 at Minium Park had approximately 600 people that attended the event and they had a meeting to start planning the next event for next year. Chief Mike Heal mentioned that there will be a protest at the Ryan Lane Attorney Office on Main Street tomorrow. Public Works Director Steve Morse mentioned that the North Main Project started over the weekend. And that the pre-bid for the replacing of Animas ditch pump was today, the Ruins Road project sidewalk project will be moving forward. He mentioned that he received the design for replacing the water line on Hwy173. He also mentioned that they will contract the work out for McWilliams Road.

X. FUTURE AGENDA ITEMS There was no discussion on upcoming event list. POTENTIAL FUTURE CITY COMMISSION ITEMS- (Appearing on the Agenda within 30-90 days):

Item Commission Meeting

Final Budget to DFA July 27 Award of McWilliams Road Sewer Extension Construction Project July 27 Award of Reservoir 1 Rehabilitation Design to Bohannon Huston July/August Award of Lower Animas Ditch Pump Replacement construction project July/August Variance to Animal Unit Code August Business Walkabout August City Water System Overview August 24 Commission Strategic Planning September

XI. ADJOURNMENT


Mayor Pro-Tem moved to adjourn the meeting at 6:47 pm SECONDED by Commissioner Lewis ________________________________

Mayor Victor Snover ATTEST: ______________________________ Karla Sayler, City Clerk MINUTES PREPARED BY: _____________________________ Karla Sayler, City Clerk

Staff Report


AGENDA ITEM: VI. CONSENT (B)

AGENDA TITLE: Resolution 2021-1238: A Resolution Authorizing the Assignment of Authorized Officers and Agents for Grant Agreement F2357

ACTION REQUESTED BY: Public Works Department

SUMMARY BY: Ed Kotyk


Staff respectfully requests the approval of Resolution 2021-1238. Per the New Mexico Department of Environment (NMED), a resolution must be approved in order to finalize and authorize signatures for grant agreement F2357. The agreement amounts to $200,000 which will be utilized by the city to obtain engineer services for designing the upgrade in the South Aztec Water System.

PROCUREMENT

Not applicable.

FISCAL IMPACTS

Work on the South Aztec Water System was placed on the city’s ICIP and had been scheduled for engineering services.

SUPPORT DOCUMENTS: · Resolution 2021-1238 · Grant SAP21-F2357 State Grant Agreement

DEPARTMENT’S RECOMMENDED MOTION: Move to Approve Resolution 2021-1238: A Resolution Authorizing the Assignment of Authorized Officers and Agents for Grant Agreement F2357

CITY OF AZTEC Resolution 2021-1238

A Resolution Authorizing the Assignment of Authorized Officers and Agents

for Grant Agreement F2357 WHEREAS, the Commissioners of the City of Aztec in San Juan County, New Mexico,

shall enter into a Grant Agreement with the State of New Mexico Environment Department, and

WHEREAS, the Agreement is identified as Project Number SAPF2357; NOW THEREFORE, BE IT RESOLVED by the named applicant that:

Paul Eckert, City Manager of the City of Aztec or successor is authorized to sign the Grant Agreement for this project, and Anthony Bolling, City of Aztec Finance Director or successor is the OFFICAL REPRESENTATIVES or ALTERNATE OFFICAL REPRESENTATIVE who is authorized to sign all other documents necessary to fulfill the Grant Agreement and the requirements (Project Description, Disbursements and Notice of Obligations (NOO)) and to act as the project contact (may have more than one), and Edward Kotyk, Projects Manager or successor is the Capital Projects Monitoring System (CPMS) contact who is authorized to update the CPMS database on a monthly basis.

PASSED, APPROVED, AND ADOPTED: by the Aztec Governing body on this August 24, 2021.

Mayor Victor C. Snover

ATTEST:

Karla Sayler, City Clerk CMC

Name of Grantee: City of Aztec Project Number: SAP F2357 Current Authorized Signatures (submit with Signature Resolution; update when necessary)

Authorized to Sign Grant Agreement

Name Paul Eckert

Title City Manager

Signature

Address 201 W Chaco St

Aztec, NM 87410

Email [email protected]

Phone (505) 334-7602

Authorized Officer/Official Representative; To sign Disbursement Requests and All Other Documents

Name Anthony Bolling

Title Finance Director

Signature


Aztec, NM 87410


Phone (505) 334-7653

Agent or Employee that will make Monthly CPMS Updates

Name Edward Kotyk

Title Projects Manager

Signature


Aztec, NM 87410


Phone (505) 334-7689

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STATE OF NEW MEXICO DEPARTMENT OF ENVIRONMENT

CAPITAL APPROPRIATION PROJECT AZTEC UTLTY SYS CONSTRUCT

SAP 21-F2357-STB

THIS AGREEMENT is made and entered into as of this [____] day of [__________], 20[__], by and between the New Mexico Environment Department hereinafter called the “Department” or “NMED”, and Aztec hereinafter called the “Grantee”. This Agreement shall be effective as of the date it is executed by the Department.

RECITALS WHEREAS, in the Laws of 2021, Chapter 138, Section 21, Paragraph 61, the Legislature made an appropriation to the Department, funds from which the Department is making available to the Grantee pursuant to this Agreement; and WHEREAS, the Department is granting to Grantee, and the Grantee is accepting the grant of, funds from this appropriation, in accordance with the terms and conditions of this Agreement; and WHEREAS, NMED is empowered pursuant to Section 74-1-6 B, NMSA 1978 to contract in its own name.

AGREEMENT

NOW, THEREFORE, in consideration of the mutual covenants and obligations contained herein, the parties hereby mutually agree as follows: ARTICLE I. PROJECT DESCRIPTION, AMOUNT OF GRANT AND REVERSION DATE A. The project that is the subject of this Agreement is described as follows: SAP 21-F2357-STB ($200,000.00) APPROPRIATION REVERSION DATE: June 30, 2025 Laws of 2021 Chapter 138, Section 21, Paragraph 61, Two Hundred Thousand Dollars ($200,000.00): to acquire easements and to plan, design and construct a water system and a transmission line for Aztec in San Juan county; The Grantee’s total reimbursements shall not exceed Two Hundred Thousand Dollars ($200,000.00) minus the allocation for Art in Public Places1, if applicable, No Dollars ($0.00) which equals Two Hundred Thousand Dollars ($200,000.00) (the “Adjusted Appropriation Amount”).

1 The AIPP amount is “an amount of money equal to one percent or two hundred thousand dollars ($200,000), whichever is less, of the amount of money appropriated for new construction or any major renovation exceeding one hundred thousand dollars ($100,000).” Section 13-4A-4 NMSA 1978.

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In the event of a conflict among the Appropriation Amount, the Reversion Date, as defined herein and/or the purpose of the Project, as set forth in this Agreement, and the corresponding appropriation language in the laws cited above in this Article I(A), the language of the laws cited herein shall control. This project is referred to throughout the remainder of this Agreement as the “Project”; the information contained in Article I(A) is referred to collectively throughout the remainder of this Agreement as the “Project Description.” Optional Attachment A sets forth additional or more stringent requirements and conditions, which are incorporated by this reference as if set forth fully herein. If Optional Attachment A imposes more stringent requirements than any requirement set forth in this Agreement, the more stringent requirements of Attachment A shall prevail, in the event of irreconcilable conflict. The Grantee shall reference the Project's number in all correspondence with and submissions to the Department concerning the Project, including, but not limited to, Requests for Payment and reports.

ARTICLE II. LIMITATION ON DEPARTMENT’S OBLIGATION TO MAKE GRANT DISBURSEMENT TO GRANTEE

A. Upon the Effective Date of this Agreement, for permissible purposes within the scope of the Project

Description, the Grantee shall only be reimbursed monies for which the Department has issued and the Grantee has received a Notice of Department’s Obligation to Reimburse2 Grantee (hereinafter referred to as “Notice of Obligation”). This Grant Agreement and the disbursement of any and all amounts of the above referenced Adjusted Appropriation Amount are expressly conditioned upon the following:

(i) Irrespective of any Notice of Obligation, the Grantee’s expenditures shall be made on or before the Reversion Date and, if applicable, an Early Termination Date (i.e., the goods have been delivered and accepted or the title to the goods has been transferred to the Grantee and/or the services have been rendered for the Grantee); and

(ii) The total amount received by the Grantee shall not exceed the lesser of: (a) the Adjusted Appropriation Amount identified in Article I(A) herein or (b) the total of all amounts stated in the Notice(s) of Obligation evidencing that the Department has received and accepted the Grantee’s Third-Party Obligation(s), as defined in subparagraph iii of this Article II(A); and

(iii)The Grantee’s expenditures were made pursuant to the State Procurement Code and execution of binding written obligations or purchase orders with Third-Party contractors or vendors for the provision of services, including professional services, or the purchase of tangible personal property and real property for the Project, hereinafter referred to as “Third-Party Obligations”; and

(iv) The Grantee’s submittal of timely Requests for Payment in accordance with the procedures set forth in Article IX of this Agreement; and

(v) In the event that capital assets acquired with Project funds are to be sold, leased, or licensed to or operated by a private entity, the sale, lease, license, or operating agreement:

a. must be approved by the applicable oversight entity (if any) in accordance with law; or b. if no oversight entity is required to approve the transaction, the Department must approve the

transaction as complying with law. Prior to the sale, lease, license, or operating agreement being approved pursuant to Articles II(A)(v)(a) and II(A)(v)(b) herein, the Department may, in its sole and absolute discretion and unless inconsistent with State Board of Finance imposed conditions, reimburse the Grantee for necessary expenditures

2 “Reimburse” as used throughout this Agreement includes Department payments to the Grantee for invoices received, but not yet paid, by the Grantee from a Third-Party contractor or vendor, if the invoices comply with the provisions of this Agreement and are a valid liability of the Grantee.

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incurred to develop the Project sufficiently to make the sale, lease, license, or operating agreement commercially feasible, such as plan and design expenditures; and

(vi) The Grantee’s submission of documentation of all Third-Party Obligations and amendments thereto (including terminations) to the Department and the Department’s issuance and the Grantee’s receiving of a Notice of Obligation for a particular amount in accordance with the terms of this Agreement shall be governed by the following:

a. The Grantee shall submit to the Department one copy of all Third-Party Obligations and amendments thereto (including terminations) as soon as possible after execution by the Third-Party but prior to execution by the Grantee.

b. Grantee acknowledges and agrees that if it chooses to enter into a Third-Party Obligation prior to receiving a Notice of Obligation that covers the expenditure, it is solely responsible for such obligations.

c. The Department may, in its sole and absolute discretion, issue to Grantee a Notice of Obligation for the particular amount of that Third-Party Obligation that only obligates the Department to reimburse Grantee’s expenditures made on or before the Reversion Date or an Early Termination Date. The current Notice of Obligation form is attached to this Agreement as Exhibit 2.

d. The date the Department signs the Notice of Obligation is the date that the Department’s Notice of Obligation is effective. After that date, the Grantee is authorized to budget the particular amount set forth in the Notice of Obligation, execute the Third-Party Obligation and request the Third-Party to begin work. Payment for any work performed or goods received prior to the effective date of the Notice of Obligation is wholly and solely the obligation of the Grantee.

B. The Grantee shall implement, in all respects, the Project. The Grantee shall provide all necessary

qualified personnel, material, and facilities to implement the Project. The Grantee shall finance its share (if any) of the costs of the Project, including all Project overruns.

C. Project funds shall not be used for purposes other than those specified in the Project Description. D. Unless specifically allowed by law, Project funds cannot be used to reimburse Grantee for indirect

Project costs.

ARTICLE III. NOTICE PROVISIONS AND GRANTEE AND DEPARTMENT DESIGNATED REPRESENTATIVES Whenever written notices, including written decisions, are to be given or received, related to this Agreement, the following provisions shall apply.

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The Grantee designates the person(s) listed below, or their successor, as their official representative(s) concerning all matters related to this Agreement: Grantee: _________________________________ Name: __________________________________ Title: ____________________________________ Address: ________________________________ Email: ___________________________________ Telephone: _______________________________ The Grantee designates the person(s) listed below, or their successor, as their Fiscal Officer or Fiscal Agent concerning all matters related to this Agreement: Grantee: _________________________________ Name: __________________________________ Title: ____________________________________ Address: ________________________________ Email: ___________________________________ Telephone: _______________________________ The Department designates the persons listed below, or their successors, as the Points of Contact for matters related to this Agreement. Department: New Mexico Environment Department Name: Bertha Aragon Title: Project Administrator Address: Construction Program Bureau NMED, Harold Runnels Building P.O. Box 5469 Santa Fe, NM 87502

Email: [email protected] Telephone: 505-670-3615 The Grantee and the Department agree that either party shall send all notices, including written decisions, related to this Agreement to the above-named persons by email or regular mail. In the case of mailings, notices shall be deemed to have been given and received upon the date of the receiving party’s actual receipt or five calendar days after mailing, whichever shall first occur. In the case of email transmissions, the notice shall be deemed to have been given and received on the date reflected on the delivery receipt of email. ARTICLE IV. REVERSION DATE, TERM, DEADLINE TO EXPEND FUNDS

A. As referenced in Article I(A), the applicable law establishes a date by which Project funds must be expended by Grantee, which is referred to throughout the remainder of this Agreement as the “Reversion Date.” Upon being duly executed by both parties, this Agreement shall be effective as of the date of execution by the

Please provide this information in the Resolution and Signature page; this page does NOT need to be completed.

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Department. It shall terminate on June 30, 2025 the Reversion Date unless Terminated Before Reversion Date (“Early Termination”) pursuant to Article V herein.

B. The Project’s funds must be expended on or before the Reversion Date and, if applicable, Early

Termination Date of this Agreement. For purposes of this Agreement, it is not sufficient for the Grantee to encumber the Project funds on its books on or before the Project's Reversion Date or Early Termination Date. Funds are expended and an expenditure has occurred as of the date that a particular quantity of goods are delivered to and received by the Grantee or title to the goods is transferred to the Grantee and/or as of the date particular services are rendered for the Grantee. Funds are not expended and an expenditure has not occurred as of the date they are encumbered by the Grantee pursuant to a contract or purchase order with a Third-Party. ARTICLE V. EARLY TERMINATION

A. Early Termination Before Reversion Date Due to Completion of the Project or Complete Expenditure of the Adjusted Appropriation or Violation of this Agreement

Early Termination includes: (i) Termination due to completion of the Project before the Reversion Date; or (ii) Termination due to complete expenditure of the Adjusted Appropriation Amount before the

Reversion Date; or (iii) Termination for violation of the terms of this Agreement; or (iv) Termination for suspected mishandling of public funds, including but not limited to, fraud, waste,

abuse, and conflicts of interest. Either the Department or the Grantee may early terminate this Agreement prior to the Reversion Date by providing the other party with a minimum of fifteen (15) days’ advance, written notice of early termination. Grantee hereby waives any rights to assert an impairment of contract claim against the Department or the State of New Mexico in the event of Early Termination of this Agreement by the Department pursuant to Article V(A).

B. Early Termination Before Reversion Date Due to Non-appropriation

The terms of this Agreement are expressly made contingent upon sufficient appropriations and authorization being made by the Legislature of New Mexico for the performance of this Agreement. Throughout this Agreement the term “non-appropriate” or “non-appropriation” includes the following actions by the New Mexico Legislature: deauthorization, reauthorization or revocation of a prior authorization. The Legislature may choose to non-appropriate the Appropriation referred to in Article I and, if that occurs, the Department shall early terminate this Agreement for non-appropriation by giving the Grantee written notice of such termination, and such termination shall be effective as of the effective date of the law making the non-appropriation. The Department’s decision as to whether sufficient appropriations or authorizations are available shall be accepted by the Grantee and shall be final. Grantee hereby waives any rights to assert an impairment of contract claim against the Department or the State of New Mexico in the event of Early Termination of this Agreement by the Department pursuant to Article V(B).

C. Limitation on Department’s Obligation to Make Grant Disbursements to Grantee in the Event

of Early Termination In the event of Early Termination of this Agreement by either party, the Department’s sole and absolute

obligation to reimburse the Grantee is expressly conditioned upon the limitations set forth Article II.

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ARTICLE VI. SUSPENSION OF NEW OR FURTHER OBLIGATIONS

A. The Department may choose, in its sole and absolute discretion, to provide written notice to the Grantee to suspend entering into new and further obligations. Upon the receipt of such written notice by the Grantee:

(i) The Grantee shall immediately suspend entering into new or further written obligations with third parties; and

(ii) The Department will suspend the issuance of any new or further Notice of Obligation under this Agreement; and

(iii) The Department may direct the Grantee to implement a corrective action plan in accordance with Article VI(D) herein.

B. In the event of Suspension of this Agreement, the Department’s sole and absolute obligation to

reimburse the Grantee is expressly conditioned upon the limitations set forth in Article II herein.

C. A suspension of new or further obligations under this Agreement shall remain in effect unless or until the date the Grantee receives written notice given by the Department informing the Grantee that the Suspension has been lifted or that the Agreement has been Early Terminated in accordance with Article V herein. If the Suspension is lifted, the Department will consider further requests for Notice of Obligation.

D. Corrective Action Plan in the Event of Suspension In the event that the Department chooses, in its sole and absolute discretion to direct the Grantee to suspend

entering into new or further written obligations with third parties pursuant to Article VI(A), the Department may, but is not obligated to, require the Grantee to develop and implement a written corrective action plan to remedy the grounds for the Suspension. Such corrective action plan must be approved by the Department and be signed by the Grantee. Failure to sign a corrective action plan or meet the terms and deadlines set forth in the signed corrective action plan, is hereby deemed a violation of the terms of this Agreement for purposes of Early Termination, Article V(A)(iii). The corrective action plan is in addition to, and not in lieu of, any other equitable or legal remedy, including but not limited to Early Termination. ARTICLE VII. AMENDMENT This Agreement shall not be altered, changed, or amended except by instrument in writing duly executed by both the parties hereto. ARTICLE VIII. REPORTS

A. Database Reporting The Grantee shall report monthly Project activity by entering such Project information as the

Department and the Department of Finance and Administration may require, such information entered directly into a database maintained by the Department of Finance and Administration (http://cpms.dfa.state.nm.us). Additionally, the Grantee shall certify on the Request for Payment form (Exhibit 1) that updates have been maintained and are current in the database. The Grantee hereby acknowledges that failure to perform and/or certify updates into the database will delay or potentially jeopardize the reimbursement of funds. The Department shall give Grantee a minimum of thirty (30) days’ advance written notice of any changes to the information the Grantee is required to report.

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Monthly reports shall be due on the last day of each month, beginning with the first full month following

execution of this Agreement by the Department and ending upon the submission of the final request for reimbursement for the Project.

B. Requests for Additional Information/Project Inspection During the term of this Agreement and during the period of time during which the Grantee must

maintain records pursuant to Article VIII, the Department may: (i) request such additional information regarding the Project as it deems necessary; and (ii) conduct, at reasonable times and upon reasonable notice, onsite inspections of the Project. Grantee shall respond to such requests for additional information within a reasonable period of time, as established by the Department.

ARTICLE IX. REQUEST FOR PAYMENT PROCEDURES AND DEADLINES

A. The Grantee shall request payment by submitting a Request for Payment, in the form attached hereto as Exhibit 1. Payment requests are subject to the following procedures:

(i) The Grantee must submit a Request for Payment; and (ii) Each Request for Payment must contain proof of payment by the Grantee or liabilities incurred by

the Grantee showing that the expenditures are valid or are liabilities incurred by the Grantee in the form of actual unpaid invoices received by the Grantee for services rendered by a Third-Party or items of tangible personal property received by the Grantee for the implementation of the Project; provided, however, that the Grantee may be reimbursed for unpaid liabilities only if the Department, in its sole and absolute discretion, agrees to do so and in accordance with any special conditions imposed by the Department.

(iii) In cases where the Grantee is submitting a Request for Payment to the Department based upon invoices received, but not yet paid, by the Grantee from a Third-Party contractor or vendor, if the invoices comply with the provisions of this Agreement and are a valid liability of the Grantee, the Grantee shall make payment to those contractors or vendors within five (5) business days from the date of receiving reimbursement from the Department or such shorter period of time as the Department may prescribe in writing. The Grantee is required to certify to the Department proof of payment to the Third-Party contractor or vendor within ten (10) business days from the date of receiving reimbursement from the Department.

B. The Grantee must obligate 5% of the Adjusted Appropriation Amount within six months of acceptance of the grant agreement and must have expended no less than 85% of the Adjusted Appropriation Amount six months prior to the reversion date.

C. Deadlines Requests for Payments shall be submitted by Grantee to the Department on the earlier of:

(i) Immediately as they are received by the Grantee but at a minimum thirty (30) days from when the expenditure was incurred or liability of the Grantee was approved as evidenced by an unpaid invoice received by the Grantee from a Third-Party contractor or vendor; or

(ii) July 15 of each year for all unreimbursed expenditures incurred during the previous fiscal year; or (iii) Twenty (20) days from date of Early Termination; or (iv) Twenty (20) days from the Reversion Date.

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D. The Grantee’s failure to abide by the requirements set forth in Article II and Article IX herein will result in the denial of its Request for Payment or will delay the processing of Requests for Payment. The Department has the right to reject a payment request for the Project unless and until it is satisfied that the expenditures in the Request for Payment are for permissible purposes within the meaning of the Project Description and that the expenditures and the Grantee are otherwise in compliance with this Agreement, including but not limited to, compliance with the reporting requirements and the requirements set forth in Article II herein to provide Third-Party Obligations and the Deadlines set forth in Article IX herein. The Department's ability to reject any Request for Payment is in addition to, and not in lieu of, any other legal or equitable remedy available to the Department due to Grantee's violation of this Agreement. ARTICLE X. PROJECT CONDITIONS AND RESTRICTIONS; REPRESENTATIONS AND WARRANTIES

A. The following general conditions and restrictions are applicable to the Project: (i) The Project’s funds must be spent in accordance with all applicable state laws, regulations,

policies, and guidelines, including, but not limited to, the State Procurement Code (or local procurement ordinance, where applicable).

(ii) The Project must be implemented in accordance with the New Mexico Public Works Minimum Works Act, Section 13-4-10 through 13-4-17 NMSA 1978, as applicable. Every contract or project in excess of sixty thousand dollars ($60,000) that the Grantee is a party to for construction, alteration, demolition or repair or any combination of these, including painting and decorating, of public buildings, public works or public roads and that requires or involves the employment of mechanics, laborers or both shall contain a provision stating the minimum wages and fringe benefits to be paid to various classes of laborers and mechanics, shall be based upon the wages and benefits that will be determined by the New Mexico Department of Workforce Solutions to be prevailing for the corresponding classes of laborers and mechanics employed on contract work of a similar nature in the locality. Further, every contract or project shall contain a stipulation that the contractor, subcontractor, employer or a person acting as a contractor shall pay all mechanics and laborers employed on the site of the project, unconditionally and not less often than once a week and without subsequent unlawful deduction or rebate on any account, the full amounts accrued at time of payment computed at wage rates and fringe benefit rates not less than those determined pursuant to Section 13-4-11 (B) NMSA 1978 to be the prevailing wage rates and prevailing fringe benefit rates issued for the project.

(iii) The Project may only benefit private entities in accordance with applicable law, including, but not limited to, Article IX, Section 14 of the Constitution of the State of New Mexico, the “Anti-Donation Clause.”

(iv) The Grantee shall not for a period of 10 years from the date of this agreement convert any property acquired, built, renovated, repaired, designed or developed with the Project’s funds to uses other than those specified in the Project Description without the Department's and the Board of Finance’s express, advance, written approval, which may include a requirement to reimburse the State for the cost of the project, transfer proceeds from the disposition of property to the State, or otherwise provide consideration to the State.

(v) The Grantee shall comply with all federal and state laws, rules and regulations pertaining to equal employment opportunity. In accordance with all such laws, rules and regulations the Grantee agrees to assure that no person shall, on the grounds of race, color, national origin, sex,

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sexual preference, age or handicap, be excluded from employment with Grantee, be excluded from participation in the Project, be denied benefits or otherwise be subject to discrimination under, any activity performed under this Agreement. If Grantee is found to be not in compliance with these requirements during the life of this Agreement, Grantee agrees to take appropriate steps to correct any deficiencies. The Grantee's failure to implement such appropriate steps within a reasonable time constitutes grounds for terminating this Agreement.

B. The Grantee hereby represents and warrants the following: (i) The Grantee has the legal authority to receive and expend the Project’s funds. (ii) This Agreement has been duly authorized by the Grantee, the person executing this Agreement

has authority to do so, and, once executed by the Grantee, this Agreement shall constitute a binding obligation of the Grantee, enforceable according to its terms.

(iii) This Agreement and the Grantee's obligations hereunder do not conflict with any law or ordinance or resolution applicable to the Grantee, the Grantee's charter (if applicable), or any judgment or decree to which the Grantee is subject.

(iv) The Grantee has independently confirmed that the Project Description, including, but not limited to, the amount and Reversion Date, is consistent with the underlying appropriation in law.

(v) The Grantee’s governing body has duly adopted or passed as an official act a resolution, motion, or similar action authorizing the person identified as the official representative of the Grantee to sign the Agreement and to sign Requests for Payment.

(vi) The Grantee shall abide by New Mexico laws regarding conflicts of interest, governmental conduct and whistleblower protection. The Grantee specifically agrees that no officer or employee of the local jurisdiction or its designees or agents, no member of the governing body, and no other public official of the locality who exercises any function or responsibility with respect to this Grant, during their tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed or goods to be received, pursuant to this Grant. Further, Grantee shall require all of its contractors to incorporate in all subcontracts the language set forth in this paragraph prohibiting conflicts of interest.

(vii) No funds have been paid or will be paid, by or on behalf of the Grantee, to any person for influencing or attempting to influence an officer or employee of this or any agency or body in connection with the awarding of any Third-Party Obligation and that the Grantee shall require certifying language prohibiting lobbying to be included in the award documents for all sub awards, including subcontracts, loans and cooperative agreements. All subrecipients shall be required to certify accordingly.

ARTICLE XI. STRICT ACCOUNTABILITY OF RECEIPTS AND DISBURSEMENTS; PROJECT RECORDS

A. The Grantee shall be strictly accountable for receipts and disbursements relating to the Project’s funds. The Grantee shall follow generally accepted accounting principles, and, if feasible, maintain a separate bank account or fund with a separate organizational code, for the funds to assure separate budgeting and accounting of the funds.

B. For a period of six (6) years following the Project's completion, the Grantee shall maintain all Project

related records, including, but not limited to, all financial records, requests for proposals, invitations to bid,

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selection and award criteria, contracts and subcontracts, advertisements, minutes of pertinent meetings, as well as records sufficient to fully account for the amount and disposition of the total funds from all sources budgeted for the Project, the purpose for which such funds were used, and such other records as the Department shall prescribe.

C. The Grantee shall make all Project records available to the Department, the Department of Finance and Administration, and the New Mexico State Auditor upon request. With respect to the funds that are the subject of this Agreement, if the State Auditor or the Department of Finance and Administration finds that any or all of these funds were improperly expended, the Grantee may be required to reimburse to the State of New Mexico, to the originating fund, any and all amounts found to be improperly expended. ARTICLE XII. IMPROPERLY REIMBURSED FUNDS If the Department determines that part or all of the Appropriation Amount was improperly reimbursed to Grantee, including but not limited to, Project funds reimbursed to Grantee based upon fraud, mismanagement, misrepresentation, misuse, violation of law by the Grantee, or violation of this Agreement, the Grantee shall return such funds to the Department for disposition in accordance with law. ARTICLE XIII. LIABILITY 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 immunities and limitations of the New Mexico Tort Claims Act. ARTICLE XIV. SCOPE OF AGREEMENT This Agreement constitutes the entire and exclusive agreement between the Grantee and Department concerning the subject matter hereof. The Agreement supersedes any and all prior or contemporaneous agreements, understandings, discussions, communications, and representations, written or verbal. ARTICLE XV. REQUIRED NON-APPROPRIATIONS CLAUSE IN CONTRACTS FUNDED IN WHOLE OR PART BY FUNDS MADE AVAILABLE UNDER THIS AGREEMENT The Grantee acknowledges, warrants, and agrees that Grantee shall include a “non-appropriations” clause in all contracts between it and other parties that are (i) funded in whole or part by funds made available under this Agreement and (ii) entered into after the effective date of this Agreement that states: “The terms of this Agreement are contingent upon sufficient appropriations and authorization being made by the Legislature of New Mexico for the performance of this Agreement. If sufficient appropriations and authorization are not made by the Legislature, the Aztec may immediately terminate this Agreement by giving Contractor written notice of such termination. The Aztec’s decision as to whether sufficient appropriations are available shall be accepted by the Contractor and shall be final. Contractor hereby waives any rights to assert an impairment of contract claim against the Aztec or the New Mexico Environment Department or the State of New Mexico in the event of immediate or Early Termination of this Agreement by the Aztec or the Department”

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ARTICLE XVI. REQUIRED TERMINATION CLAUSE IN CONTRACTS FUNDED IN WHOLE OR PART BY FUNDS MADE AVAILABLE UNDER THIS AGREEMENT Grantee acknowledges, warrants, and agrees that Grantee shall include the following termination clause in all contracts that are (i) funded in whole or part by funds made available under this Agreement and (ii) entered into after the effective date of this Agreement: “This contract is funded in whole or in part by funds made available under a New Mexico Environment Department Grant Agreement. Should the New Mexico Environment Department early terminate the grant agreement, the Aztec may early terminate this contract by providing Contractor written notice of such termination. In the event of termination pursuant to this paragraph, the Aztec’s only liability shall be to pay Contractor for acceptable goods delivered and services rendered before the termination date.” Grantee hereby waives any rights to assert an impairment of contract claim against the Department or the State of New Mexico in the event of Early Termination of this Agreement by the Department. ARTICLE XVII. COMPLIANCE WITH UNIFORM FUNDING CRITERIA. A. Throughout the term of this Agreement, Grantee shall:

1. submit all reports of annual audits and agreed upon procedures required by Section 12-6-3(A)-(B) NMSA 1978 by the due dates established in 2.2.2 NMAC, reports of which must be a public record pursuant to Section 12-6-5(A) NMSA 1978 within forty-five days of delivery to the State Auditor;

2. have a duly adopted budget for the current fiscal year approved by its budgetary oversight agency (if any);

3. timely submit all required financial reports to its budgetary oversight agency (if any); and 4. have adequate accounting methods and procedures to expend grant funds in accordance

with applicable law and account for and safeguard grant funds and assets acquired by grant funds.

B. In the event Grantee fails to comply with the requirements of Paragraph A of this Article XVII, the Department may take one or more of the following actions:

1. suspend new or further obligations pursuant to Article VI(A) of this Agreement; 2. require the Grantee to develop and implement a written corrective action plan pursuant to

Article VI(D) of this Agreement to remedy the non-compliance; 3. impose special grant conditions to address the non-compliance by giving the Grantee

notice of such special conditions in accordance with Article III of this Agreement; the special conditions shall be binding and effective on the date that notice is deemed to have been given pursuant to Article III; or

4. terminate this Agreement pursuant to Article V(A) of this Agreement.

ARTICLE XVIII. SEVERANCE TAX BOND AND GENERAL OBLIGATION BOND PROJECT CLAUSES (Applicable only if the appropriation is funded by Severance Tax Bonds or General Obligations Bonds).

A. Grantee acknowledges and agrees that the underlying appropriation for the Project is a severance tax bond or general obligation bond appropriation, and that the associated bond proceeds are administered by the New Mexico State Board of Finance (SBOF), an entity separate and distinct from the Department. Grantee acknowledges and agrees that (i) it is Grantee’s sole and absolute responsibility to determine through SBOF staff what (if any) conditions are currently imposed on the Project; (ii) the Department’s failure to inform

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Grantee of a SBOF imposed condition does not affect the validity or enforceability of the condition; (iii) the SBOF may in the future impose further or different conditions upon the Project; (iv) all SBOF conditions are effective without amendment of this Agreement; (v) all applicable SBOF conditions must be satisfied before the SBOF will release to the Department funds subject to the condition(s); and (vi) the Department’s obligation to reimburse Grantee from the Project is contingent upon the then current SBOF conditions being satisfied.

B. Grantee acknowledges and agrees that the SBOF may in its sole and absolute discretion remove a project’s assigned bond proceeds if the project doesn’t proceed sufficiently. Entities must comply with the requirement to encumber five percent (5%) of Project funds within six months of bond issuance as certified by the grantee in the Bond Questionnaire and Certification documents submitted to the SBOF. Failure to comply may result in the bond proceeds reassignment to a new ready project. If this should occur this grant agreement will be suspended until the entity has demonstrated readiness as determined by the SBOF and the Department.

C. Grantee acknowledges and agrees that this Agreement is subject to the SBOF’s Bond Project

Disbursements rule, NMAC 2.61.6, as may be amended or re-codified. The rule provides definitions and interpretations of grant language for the purpose of determining whether a particular activity is allowable under the authorizing language of the agreement.

[THIS SPACE LEFT BLANK INTENTIONALLY]

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Authorization Page AZTEC UTLTY SYS CONSTRUCT SAP 21-F2357-STB

IN WITNESS WHEREOF, the parties have duly executed this Agreement as of the date of execution by the Department. GRANTEE ___________________________________________ Signature of Official with Authority to Bind Grantee ___________________________________________ Entity Name By: ________________________________________ (Type or Print Name) Its: ________________________________________ (Type or Print Title) ___________________________________________ Date NEW MEXICO ENVIRONMENT DEPARTMENT ___________________________________________ Judith L, Kahl, P.E., Bureau Chief, NMED Construction Programs Bureau Signed pursuant to May 24, 2021 Secretary of Environment Delegation Order

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STATE OF NEW MEXICO CAPITAL GRANT PROJECT Request for Payment Form

Exhibit 1

I. Grantee Information II. Payment Computation A. Grantee: Aztec A. Payment Request No.

B. Address: B. Grant Amount: $200,000.00

C. AIPP Amount (if Applicable): $0.00

D. Funds Requested to Date:

C. Phone No: E. Amount Requested this Payment:

D. Grant No: SAP 21‐F2357‐STB F. Reversion Amount (if Applicable):

E. Project Title: AZTEC UTLTY SYS CONSTRUCT G. Grant Balance:

F. Grant Expiration Date: 6/30/2025 H. __GF __GOB __STB (attach wire if first draw)

I. ___Final Request for Payment (if Applicable)

III. Fiscal Year:

(The State of NM Fiscal Year is July 1, 20XX through June 30 20XX of the following year)

IV. Reporting Certification: I hereby certify to the best of my knowledge and belief, that database reporting is up to date; to include the accuracy of expenditures and grant balance, project status, project phase, achievements and milestones; and in compliance with Article VIII of the Capital Outlay Grant Agreement.

V. Compliance Certification: Under penalty of law, I hereby certify to the best of my knowledge and belief, the above information is correct; expenditures are properly documented, and are valid expenditures or actual receipts; and that the grant activity is in full compliance with Article IX, Sec. 14 of the New Mexico Constitution known as the "anti donation" clause.

Grantee Fiscal Officer or Fiscal Agent (if Applicable): Grantee Representative:

Printed Name: Printed Name:

Date: Date:

(State Agency Use Only)

Vendor Code

I certify that the State Agency financial and vendor file information agree with the above submitted information.

Division (SAP PA) Fiscal Officer/ Date: Division (CPB) Project Manager/Date:

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SAMPLE NOTICE OF OBLIGATION TO REIMBURSE GRANTEE EXHIBIT 2

Notice of Obligation to Reimburse Grantee [# 1] DATE: [___________________] TO: Department Representative: _Eric Gartner FROM: Grantee: Aztec Grantee Official Representative: [_______________________________________________________________] SUBJECT: Notice of Obligation to Reimburse Grantee

Grant Number: SAP 21-F2357-STB Grant Termination Date: June 30, 2025

As the designated representative of the Department for Grant Agreement number SAP 21-F2357-STB entered into between Grantee and the Department, I certify that the Grantee has submitted to the Department the following Third-Party obligation executed, in writing, by the Third-Party’s authorized representative: Vendor or Contractor: [__________________________________________________________] Third-Party Obligation Amount: [__________________________________________________________] Vendor or Contractor: [__________________________________________________________] Third-Party Obligation Amount: [__________________________________________________________] Vendor or Contractor: [__________________________________________________________] Third-Party Obligation Amount: [__________________________________________________________] I certify that the State is issuing this Notice of Obligation to Reimburse Grantee for permissible purposes within the scope of the project description, subject to all the terms and conditions of the above referenced Grant Agreement. Grant Amount (Minus AIPP if applicable): [__________________________________] The Amount of this Notice of Obligation: [__________________________________] The Total Amount of all Previously Issued Notices of Obligation: [__________________________________] The Total Amount of all Notices of Obligation to Date: [__________________________________] Note: Contract amounts may exceed the total grant amount, but the invoices paid by the grant will not exceed the grant amount. Department Rep. Approver: [________________________________________________________________] Title: [________________________________________________________________] Signature: [________________________________________________________________] Date: [________________________________________________________________] 1 Administrative and/or Indirect Cost – generally, the legislation authorizing the issuance of bonds prohibits the use of its proceeds for indirect expenses (e.g. penalty fees or damages other than pay for work performed, attorney fees, and administrative fees). Such use of bond proceeds shall not be allowed unless specifically authorized by statute.

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ATTACHMENT A-PROJECT DESCRIPTION & DELIVERY PLAN NEW MEXICO ENVIRONMENT DEPARTMENT

CONSTRUCTION PROGRAMS BUREAU

Name of Grantee: Aztec Capital Outlay Grant No.: SAP 21‐F2357‐STB Project Name: AZTEC UTLTY SYS CONSTRUCT Grant Text: ___________________________ Project Description: _________________________________________________________________________________ INSTRUCTIONS: Please answer the questions below. If needed, please contact the NMED Project Manager with questions or to discuss Attachment A before returning the Grant Agreement.

Capital outlay grant funds will be used to pay for (check all that apply):

The estimated cost for each is: The project schedule for each is (started by MM/YYYY, completed by MM/YYYY):

A. ENGINEERING SERVICES ☐ PLANNING

☐ DESIGN

☐ BIDDING & CONSTRUCTION PHASE SERVICES

☐ B. CONSTRUCTION

☐ C. EQUIPMENT PURCHASE

☐ D. OTHER _______________

A____________________ __________________ __________________ __________________ B____________________ C____________________ D____________________

A________________________ ______________________ ______________________ ______________________ B________________________ C________________________ D________________________

Will engineering services for the entire project exceed $60,000 (Y/N)? _____

Has an engineer been hired (Y/N)? ______ Please circle the procurement method: RFP, CES or direct hire less than $60k.

Have any engineering studies, planning documents, or inspection reports been completed that define the project need and provide cost estimates (Y/N) _____? If yes, please provide copies to NMED.

Are there other funds for the project (Y/N)? _____ If yes, what funds will be used? _____________

X X

Official Representative/Date NMED Project Manager Approval/Date

Reminder: The Grantee must obligate 5% of the total grant funds within 6 months of the bond sale if funds come from severance tax bonds (STB) toward an NMED‐approved contract for engineering/construction/equipment/other project expense.

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NMED ATTACHMENT B – NMENV TECHNICAL REQUIREMENTS TO

STATE OF NEW MEXICO CAPITAL APPROPRIATION FUND AGREEMENT

ARTICLE 1 REVIEW

Upon execution of the agreement, the Grantee will follow the procedures listed below unless waived in writing by the New Mexico Environment Department (NMED) (payment may be withheld if any of these procedures are not followed by the Grantee).

A. The Grantee must submit a detailed project description to NMED Construction Programs Bureau prior to committing to expenditures from these funds. The detailed description will be provided on the Attachment A form. The Grantee must submit copies to NMED of all executed contracts entered into by the Grantee prior to this agreement, that are related to the project, for review and, if appropriate, approval.

B. If these grant funds are to be used for engineering and/or other professional services, the hiring process for engineering services and/or other professional services must be performed in compliance with the New Mexico Procurement Code [Sections 13-1-21 et seq. NMSA 1978]. If, for any one circumstance, engineering fees will exceed $60,000, excluding gross receipt taxes, the Grantee is also required to contact the Professional Technical Advisory Board (PTAB) for assistance in the preparation of the RFP package. (PTAB: phone (505) 888-6161 and e-mail [email protected].)

C. If these grant funds are to be used for engineering and/or other professional services, the Grantee must submit a copy of any engineering agreement and/or other professional services contract, or a letter certifying that the Grantee's staff will be used for design, to NMED for review prior to executing the agreement/contract or using Grantee's staff. The required engineering agreement format is the “Publicly Funded Project” form prepared by NMED and posted on the website at www.nmenv.state.nm.us/cpb/cpbtop.html.

D. A preliminary engineering report (PER) or study by a registered New Mexico Professional Engineer may be required. The Grantee must submit the final PER and/or study to NMED for review and approval before preparation of plans and specifications. The purpose of the PER and/or study is to analyze and choose the most technically feasible and cost effective solution for the project. The PER must follow USDA RUS Bulletin 1780-2.

E. Grantee agrees not to start the preparation of plans and specifications until NMED approval of the PER, study, or waiver of the report requirement has been received.

F. If the grant funds are to be used for engineering design or for construction, the Grantee must submit all plans, specifications, and any addenda for this project (prepared by a registered New Mexico Professional Engineer) to NMED for review and approval before the project is advertised for construction bids.

G. The Grantee must submit all work related to easements, rights-of-ways, other property rights, and financing provisions associated with the project to NMED for review prior to advertising for construction. A site certificate certifying that all necessary easements and/or property upon or through which the project is being constructed have been obtained must be submitted prior to the advertisement

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for bid of the project. The Site Certificate must be signed by an attorney, engineer, surveyor, or title abstractor.

H. The Grantee must submit the recommendation of award, certified bid tabulation, a copy of bid bond for the selected contractor and evidence of full project financing to NMED for review and approval prior to awarding the contract. Grantee shall not award the contract until NMED has concurred in writing with the award. Competitive bidding, in accordance with applicable state laws (including local wage determinations as provided for in Section 13-4-11 NMSA 1978), will be used for awarding construction contracts. Contracts will be awarded to the responsive, responsible bidder who submits the lowest acceptable bid, or as provided for by State Law.

I. Following NMED approval of the proposed award, the Grantee will submit the notice of the award and the minutes of the meeting in which the award was made, the notice of a pre-construction conference, a copy of the executed construction contract documents (including payment and performance bonds), and the notice to contractor to proceed to NMED for review. The selected contractor will be required to post a performance and payment bond in accordance with requirements of Section 13-4-18 NMSA 1978.

J. The selected contractor will submit a construction schedule to the Grantee and NMED if requested at the pre-construction conference with a copy to NMED. The Grantee will submit all modifications to plans and contract by change orders to the NMED project manager promptly for review and approval prior to implementation of such modification or change. The decision by NMED will be rendered promptly in writing to the Grantee. In cases necessitating immediate action, a verbal decision will be rendered by NMED and followed by a written confirmation to the Grantee.

K. The Grantee will provide a full-time construction inspector during construction of the project unless NMED determines that part time inspection is adequate for the project. This must be requested and approved by NMED prior to the start of construction. The Grantee will be required to submit the inspector’s résumé to NMED for review and approval. All daily inspection reports shall be made available to the NMED Project Manager upon request.

L. All daily inspection reports shall be made available to the NMED Project Manager upon request.

M. Notwithstanding the inspections performed by the Grantee and its engineer, NMED will have the right to examine all installations comprising the project, including materials delivered and stored on-site for use on the project. Such examinations will not be considered an inspection for compliance with contract plans, but will be a general NMED review as described in Article 2 below.

N. If applicable, the Grantee (or the system owner) will employ qualified utility operators and will comply with all provisions of the New Mexico Utility Operators Certification Act, Section 61-33-1 et seq. NMSA 1978.

O. NMED will reimburse the grantee its actual costs when NMED determines, in its sole discretion, that expenditures were appropriate under the terms of the Agreement and that the expenditures were properly documented.

ARTICLE 2 NMED OVERSIGHT

NMED inspection, review and approval are only for purposes of compliance with applicable state grant requirements, procedures, statutes and regulations. NMED approval will not be interpreted as any warranty or

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guarantee of any kind. Approval of plans and design of the project means only that plans are in compliance with applicable state grant requirements, procedures and regulations. NMED will bring to the Grantee's attention, any obvious defects in the project's design, materials or workmanship, but all such defects and their correction will be the responsibility of the Grantee and its contractors and consultants. Any questions raised by NMED during its inspections and reviews shall be resolved exclusively by the Grantee. The Grantee and its contractors and consultants will remain responsible for the completion and success of the project. Approval does not relieve the owner or engineer of legal responsibilities for the overall integrity of the project, adequacy of the design, safety, or compliance with all applicable regulations.

ARTICLE 3 CLOSEOUT

A. The project will not be considered complete until the work as defined in this agreement has been fully performed, and finally and unconditionally accepted by the Grantee and NMED.

B. If the grant funds are to be used for preparation of a PER, a study, or plans and specifications, final payment will be made after approval by NMED of the PER, study, or plans and specifications. Payments do not constitute approval of any of these documents.

C. If the grant funds are to be used for purchase of equipment, final payment will be made after approval by NMED of receipt of equipment title and appraisal reports for used equipment.

D. If the grant funds are to be used for construction, final payment will be made after the final inspection has been conducted by NMED and the following items, unless waived by NMED, have been provided to NMED, and have been reviewed and approved by NMED:

i. Operation and maintenance manuals or a letter from the owner certifying receipt and acceptance of the operation and maintenance manuals;

ii. A final reimbursement request including the final certified construction pay request prepared by the Grantee's project engineer and approved by the Grantee;

iii. A certificate of substantial completion including punch list items;

iv. A letter certifying project acceptance by the Grantee and the Grantee’s project engineer stating that work has been satisfactorily completed and the construction contractor has fulfilled all of the obligations required under the contract documents with the Grantee, or if payment and materials performance bonds are "called", an acceptance close-out settlement to the Grantee and contractors will be submitted to NMED for final review and approval;

v. Certification letter by the Grantee that the Labor Standards Contract Provisions have been met;

vi. Record drawings prepared by the Grantee's project engineer or a letter from the owner certifying receipt and acceptance of the record drawings;

vii. Complete and legally effective releases or waivers (satisfactory to the Grantee) of all liens arising out of the contract documents and the labor services performed and the materials and equipment furnished there under. In lieu thereof and as approved by the Grantee, contractor(s) may furnish receipts or releases in full; an affidavit of contractor that the releases and receipts include labor, services, materials, and equipment for which a lien could be filed and that all payrolls, material and

20

equipment bills, and other indebtedness connected with the work for which the Grantee or its property might in any way be responsible, have been paid or otherwise satisfied;

viii. A written consent of the surety, if any, to final payment; and

ix. Grantee's ledger sheets including all payments made by the Grantee may be requested with the final reimbursement request and before the final reimbursement request can be processed by NMED.

With the exception of easements (See Article 1.G above), when real property is acquired by the Grantee, either through purchase or donation as a part of this project and within the project period, the Grantee will submit documentation of the acquisition to NMED, including a legal description of the property, the date the property will be acquired, evidence of clear title, and an appraisal report prepared by a qualified appraiser who was selected through applicable procurement procedures. These documents must be reviewed and approved by NMED prior to the acquisition of any real property. After real property acquisition, the Grantee will make available to NMED all documents of title pertaining to the acquired property and all easements or rights-of-way necessary for the completion of work under this grant agreement.

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NMED Attachment C

NMED Contact Information Sheet

Project Number SAP 21-F2357-STB

Grantee Aztec

Project Manager: Eric Gartner

Project Manager Address: 121 Tijeras Ave NE, Ste 1000

Albuquerque, NM 87102

Phone: 505-222-9513

Email: [email protected]

Project Administration: Bertha Aragon

Project Admin Address: 1190 St. Francis Drive S-2072

Santa Fe, NM 87502

Phone: 505-670-3615

Email: [email protected]

For General Assistance, please call 505-827-2806 and ask for “Special Appropriations” or email:

[email protected]

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NMED Attachment E

New Mexico Environment Department (NMED)

Capital Appropriations Certification Document

Article IX. A. (ii) and (iii)

Project SAP 21-F2357-STB

Grantee Aztec

Payment Request No______________

I certify that payment to all vendors on the above referenced payment request were paid no more than five (5) days after receiving reimbursement from NMED.

Official Representative, Signed Name, Printed Name, Date

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A RESOLUTION AUTHORIZING THE ASSIGNMENT OF AUTHORIZED OFFICER(S) AND AGENT(S) Resolution Number

Whereas, the Board of Directors / Council / Commission of Community / Utility of County Name County of the State of New Mexico shall enter into a Grant Agreement with the State of New Mexico Environment Department, and

Whereas, the Agreement is identified as Project Number SAP ___________________

NOW THEREFORE, BE IT RESOLVED by the named applicant that: Name, Mayor/ Chairperson / Director / Officer, or successor is authorized to sign the Grant Agreement for this project, and

Authorized Officer Name, Authorized Officer Title, or successor is the OFFICAL REPRESENTATIVES or ALTERNATE OFFICAL REPRESENTATIVE who is authorized to sign all other documents necessary to fulfill the Grant Agreement and the requirements (Project Description, Disbursements and Notice of Obligations (NOO)) and to act as the project contact (may have more than one), and

Name of Authorized Agent or Employee, Title, or successor is the Capital Projects Monitoring System (CPMS) contact who is authorized to update the CPMS database on a monthly basis. (optional)

PASSED, APPROVED, AND ADOPTED: .

Name, Mayor / Chairperson / Director / Officer, Title, Community / Utility

(Signature) Date

(SEAL) ATTEST: ____________________________________________________ (Municipal Clerk)

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Name of Grantee: _________________________ Project Number: ____________

Current Authorized Signatures (submit with Signature Resolution; update when necessary)

Authorized to Sign Grant Agreement

Name

Title

Signature

Address

Email

Phone

Authorized Officer/Official Representative; To sign Disbursement Requests and All Other Documents

Name

Title

Signature

Address

Email

Phone

Agent or Employee that will make Monthly CPMS Updates

Name

Title

Signature Signature Not Required

Address

Email

Phone

Staff Report


AGENDA ITEM: VI. CONSENT (C)

AGENDA TITLE: Resolution 2021-1239: A Resolution Supporting the Application Submittal for Outdoor Recreations Trails+ Grant through Economic Development Department

ACTION REQUESTED BY: Parks and General Services Department

SUMMARY BY: Ed Kotyk


Staff respectfully requests the Commission review and approve Resolution 2021-1239. This resolution provides the necessary support of the trail enhancements between the North Main Extension Project and Rio de Animas Park. There is a strip of trail approximately 300 feet long whereby the Parks Department would like to enhance the trail with signage and also a pavilion at Rio de Animas Park, west of the current remote parking area. These enhancements will offer information to pedestrians of Aztec’s history and other outdoor recreation opportunities in and around Aztec.

PROCUREMENT

Not applicable at the moment until purchasing of the pavilion and concrete work is awarded.

FISCAL IMPACTS

· The grant request is for $25,000. · The City will contribute through materials and construction ($20,608) and in-kind services ($18,900)

for an estimated total amount of $39,508. Funds are available within the Parks Department FY 2022 budget.

SUPPORT DOCUMENTS: · Resolution 2021-1239 · Scope of Work

DEPARTMENT’S RECOMMENDED MOTION: Move to Approve Resolution 2021-1239: A Resolution Supporting the Application Submittal for Outdoor Recreations Trails+ Grant through Economic Development Department

CITY OF AZTEC Resolution 2021-1239

A Resolution Supporting the Application Submittal for Outdoor Recreations

Trails+ Grant through Economic Development Department

WHEREAS, the City is applying for an Outdoor Recreations Trails+ Gran through the New Mexico Economic Development Department; and

WHEREAS, we intend to enhance the trail segment between the North Main extension

Project and the trail to the North Pedestrian Bridge; and WHEREAS, such enhancements will provide historic and cultural information on Aztec;

and

WHEREAS, the addition of a Pavilion will fulfill the original conceptual design of the Rio

de Animas Park. NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY of the City of Aztec, New Mexico supports this project for the trail enhancements from North Main Extension project to Rio de Animas Park. PASSED, APPROVED, AND ADOPTED: by the Aztec Governing body on this August 24, 2021.

Mayor Victor C. Snover

ATTEST:

Karla Sayler, City Clerk CMC

1

OUTDOOR RECREATIONAL TRAILS GRANT SUBMISSION

City of Aztec 201 W. Chaco St Aztec, NM 87410

2

ATTACHMENT A: SCOPE OF WORK North Main Trails and Rio De Animas Park Enhancements KEY PERSONS Jeff Blackburn: General Services/Parks Director for the Grantee. Mr. Blackburn will serve as the Project Manager and will have ultimate responsibility for completing work plan objectives and conducting project oversight for this work plan. The Project Manager will be responsible for coordinating with the Agency project officer, preparing quarterly and final reports to the Agency, contract management, and construction and monitoring support for subcontractors. Ed Kotyk: Project Manager for the Grantee. Mr. Kotyk will be assisting with project planning, management, design, and construction. He will additionally be involved in the development of signage. Greg Neal: Exerplay Sales. Mr. Neal will be providing will be integral in the planning, construction, delivery, and install of a pavilion. Greg has many years’ experience with pavilion, and park feature design. PROJECT DESCRIPTION Project Location The project is located in the City of Aztec in San Juan County. The project reach extends along the Animas River from Rio de Animas Park to the North Main Extension in Aztec, New Mexico. This project area is located near the newly developed North Main Extension and connects to the southeast side of the river across from the Aztec Ruins National Monument and is an integral trail connector for Aztec’s trail system. The plaza and the two parks are joined by the Rio-Ruins Pedestrian Bridge.

MAIN

STREET

PROJECT AREA

3

Project Benefit The Grantee’s goal is to construct a trail between the North Main Extension Parking Lot to Animas de Rio Park and Rio de Ruins Pedestrian Bridge. This currently undeveloped portion of the trail is a vital connector to the Aztec Ruins and the Animas River Trails System. At present, the North Main Extension Project is under construction with a completion date set for June 1, 2022. The Aztec Park’s Department is also in the midst of an NMED Bank Stabilization Project in Rio de Animas Park. The goal of this project will be to provide beautiful trail components to connect the North Main extension to the Rio de Animas Park and ultimately to the Aztec Ruins national Monument with Historic Downtown Aztec. Project Methods

1. Prepare a conceptual plan based on site surveys and existing plans.

2. Prepare construction plans and specifications.

3. Improve current dirt trail with crusher fines, add additional informative signage, and addition of a 20’ x 24’ pavilion.

4. Improve coverage and density of native riparian plant species on the reclaimed back and all soil disturbed areas through seeding, planting and transplant efforts Protect newly-planted vegetation with fencing as needed.

5. As-builts, photographic monitoring, physical inspections and will be performed following construction and revegetation at the site to document conditions immediately after site construction.

6. Photo Documentation – Repeat photographs will be taken during the site monitoring from the established photo points.

4

TASK DESCRIPTIONS AND SCHEDULE

Task Title & Description Responsible Party

Start & End Date

Measure of Success Deliverables

1. Project Administration and Reporting

Grantee / EDD

(Economic Development Department

Outdoor Recreation

Division)

Spring 2022 to Fall 2024

Successful and inclusive project management, submitted in a timely fashion, adhere to Agency Protocols

Semi-annual progress and final report

2. Project Design City of Aztec Spring 2022 to Summer 2022

Completion of assessment and following of recommendations

Completed Survey, Trail and Signage Design, Pavilion Design

3. Planning a. Perform site surveys b. Analyze survey data,

prepare stabilization options for trail and pavilion site to identify the preferred approach.

c. Prepare construction plans, specifications, quantity and cost estimates.

d. Choose appropriate Pavilion and determine Placement and Amenities

City of Aztec Summer 2022 Grantee-approved construction plans and specifications, and quantity and cost estimates.

Completed construction plans

4. Pre and Post Construction Monitoring

City of Aztec Pre-Spring 2023 to Post-Fall 2023

Pre and post construction photographs from established photo-points

Pre and post construction reports

5. Manage construction of construction plan-identified measures.

City of Aztec Spring 2022 to Fall of 2023

Timely and successful construction management and monitoring

As-built plans and pre-post construction photos

6. Construction of construction plan identified measures

Construction subcontractor

Spring 2022 to Fall of 2022 or Spring 2023

Completed construction

Post construction report

7. Plant/seed native vegetation species

City of Aztec Spring 2023 Plantings in ground with proper protection

Monitoring report (if required)

5

BUDGET CATAGORIES & TOTALS

BUDGET CATEGORIES EDD FUNDS OTHER FUNDING SOURCE TOTAL

Personnel Project Manager (COA): Project management, reporting. In-kind match. 100 hrs. @ $77/hr.

0 $7,700 $7,700

Special Project Manager (COA): Planning, construction. In-kind match. 100hrs. @$67/hr.

0 $6,700 $6,700

Supplies Crusher Fine for Trail Construction 2 tons @ $750/ton 0 $1,500 $1,500

Rock transport to project site: 2 loads @ $150/load 0 $300 $300

Trees & Native Grass Seed: 25 ea. @ 65 2 bag @ 125

0 $1,625 $1,625

Picnic Tables: 4 ea. @ 750 0 $3,000 $3,000

Signage Materials: Steel square tubing, paneling, sign graphics 0 $3,500 $3,500

Contractual Exerplay (EP) Design, coordination, construction, and installation oversight of Pavilion, including tax, and delivery 20X24 Steel pavilion w/ powder coat, installed, including GRT

$25,000 0 $25,000

In-Kind Match Construction Contractor(s): Pavilion concrete pad construction, including tax 480 sq. ft., 4 in. thickness $11.50 per square ft.

0 $9,683 $9,683

Vegetation Installation: 25 ea. Cottonwood plantings 1 acre re-seeding 40 hrs. @ $25

0 $1,000 $1,000

City of Aztec Parks Department: Donated employee time, mileage, fuel, and equipment 100 hrs. @ $45

0 $4,500 $4,500

PROJECT TOTAL $25,000 $39,508 $64,508

Staff Report


AGENDA ITEM: VI. Consent Agenda (D)

AGENDA TITLE: Northwest Council of Governments Membership Agreement


SUMMARY BY: City Manager


Staff respectfully requests the Commission consider and approve the following: MEMBERSHIP AGREEMENT:

· Northwest New Mexico Council of Governments (NWNM COG) has prepared a Membership Agreement for Fiscal year 2022.

· All provisions of the agreement remain as in previous years. BOARD OF DIRECTORS APPOINTMENT:

· During the April 14, 2020 Commission meeting Commissioner Mike Padilla Sr. was appointed as the City’s representative on the NWNM COG Board and on July 27, 2021City Manager Paul Eckert was appointed as the alternate.

· As per NWNM COG Board policies, the City must formally identify its official representative to the Board of Directors.

PROCUREMENT

None

FISCAL IMPACTS

The annual participation cost is $3,000.

SUPPORT DOCUMENTS: Northwest New Mexico Council of Governments Agreement

DEPARTMENT’S RECOMMENDED MOTION: Move to Approve the Northwest Council of Governments Agreement with City of Aztec-FY22

NORTHWEST NEW MEXICO COUNCIL OF GOVERNMENTS

MEMBERSHIP AGREEMENT with

CITY OF AZTEC Fiscal Year 2022

This Agreement is entered into by and between Northwest New Mexico Council of Governments (hereinafter “COG”) and City of Aztec (hereinafter “MEMBER”), pursuant to the following conditions and terms:

1. COG agrees to provide for the following:

a. Performance of professional work in service to the MEMBER, including specific assignments as requested and mutually concurred by the MEMBER and COG throughout the course of this Agreement, drawn from the COG's Menu of Services; such service to include assignment of a professional planner to direct Member Services, in alignment with the Member Dues & Services policy adopted by the COG Board of Directors.

b. Continued leadership and performance in local and regional development activities, as supported by local, state, federal and philanthropic grants and contracts.

c. Competent management and stewardship of the COG's resources and responsibilities, on behalf of its Members.

2. .MEMBER agrees to provide for the following:

a. To remain a voting member on the COG's Board of Directors, to consist of up to one (1) representatives to the Board and one (1) alternate, and to participate in the COG's governance, policy development and administrative oversight.

b. To pay annual dues into the treasury of the COG in the amount of $3,000 per annum, such payment to be rendered in one annual payment at the beginning of the fiscal year for the annual period July 1, 2021 through June 30, 2022.

3. It is mutually understood and agreed that:

a. A portion of the Membership dues shall be committed to the support of the COG organization as a whole and to its general operating and overhead expenses, including matching funds as required for certain state and federal grants;

b. A portion of the dues shall be available for direct communications with and services to the MEMBER, including specific assignments as requested and mutually concurred by the MEMBER and the COG; and

c. For significant tasks and assignments requiring staffing above and beyond the levels specified herein, the COG may negotiate for and/or assist in securing additional funds to supplement this agreement.

NORTHWEST NEW MEXICO COUNCIL OF GOVERNMENTS CITY OF AZTEC __________________________________ Date: ________________ _______________________________ Date: _______________ Billy W. Moore, Board Chair Victor C. Snover, Mayor ATTEST: ____________________________________________ ATTEST: ___________________________________________ Evan J. Williams, Executive Director Karla Sayler, City Clerk

NORTHWEST NEW MEXICO COUNCIL OF GOVERNMENTS

Board of Directors Appointment Form

Member Government: City of Aztec Date:

1. The governing body of The City of Aztec (hereinafter Member) has designated _______________________________ as its official Representative to the Board of Directors of the Northwest New Mexico Council of Governments (NWNMCOG), the organization established by State Statute as New Mexico Planning & Development District I and by the US Department of Commerce as Economic Development District 1.

2. It is understood that the responsibilities of Board representatives include, but are not necessarily limited to:

· Attendance at four (4) quarterly meetings of the Board of Directors as scheduled and, as needed and feasible, such special meetings as may be called by the Board Chair. Generally, regular meetings are held within the NWNMCOG planning district, rotated county-to-county among Cibola, McKinley and San Juan Counties [one (1) of which is the annual meeting];

[NOTE: Per the NWNMCOG Articles of Agreement: “Should the representative and/or alternate miss three (3) consecutive meetings, the governing body of the respective member shall be asked to appoint another representative to the Board."]

· Voting on Board motions and resolutions;

· Serving on and meeting with such committees or task forces as appointed by the Chairman of the Board and/or as volunteered;

· Serving as Board officer as nominated and elected;

· Representing issues, needs and perspectives of the Member within the Council of Governments forum as applicable and appropriate;

· Staying up-to-date on NWNMCOG issues, primarily (a) as represented in the packet of informational materials prepared by staff for each Board agenda and (b) with respect to direct services performed for the Member;

· Communicating with and reporting to the governing body of the Member regarding NWNMCOG issues, priorities and activities; and

· Assisting in advocating for local and regional issues and projects throughout the year. 3. The governing body has also designated ________________________ as Board Alternate, whose

responsibilities are to assume the duties and authorities of either Representative, including voting on Board motions and resolutions, in the absence of and as delegated by the Representative.

SIGNED: DATE:

NAME: TITLE:

Staff Report


AGENDA ITEM: VI. CONSENT AGENDA (E)

AGENDA TITLE: Wilson & Co. Contract Amendment #022221

ACTION REQUESTED BY: City Public Works Department

ACTION REQUESTED: Approval

SUMMARY BY: Finance Director Anthony Bolling


City staff respectfully requests the Commission consider and approve Contract Amendment #022221 to the Wilson & Co. Engineering Services Contract for the East Aztec Arterial Phase II. The background is as follows:

· Wilson & Co. is the Engineer of record for the East Aztec Arterial project and has worked with the City since the beginning of the project.

· This contract amendment is a confirmation of price estimates and an update of timelines and dates.

FISCAL IMPACTS

· The East Aztec Arterial Phase II Project has been included in the FY22 Annual Budget in the

Municipal Road Fund. · Contract Amendment #022221 for engineering services is in the amount of $183,130.54 plus

applicable New Mexico Gross Receipts Tax. The amount has not changed since the previous contract amendment approved by City Commission at their March 9, 2021 meeting. The dates have been updated.

SUPPORT DOCUMENTS: Wilson & Co. Contract Amendment #022221

DEPARTMENT’S RECOMMENDED MOTION: Move to Approve the Wilson & Co. Contract Amendment #022221 for work on the Aztec Arterial Phase II Project and authorize the City Manager to execute agreement on behalf of City.

INllSOIV &COMPANY

4401 Masthead Street NE. Suite 150 Albuquerque NM 87109

February 22, 2021

Edward Kotyk, Tourism & Special Projects City of .-\ztec 201 \Xlest Chaco .-\ztec, N.:\I 87 410

HIGHER RELATIONSHIPS

Re: City of Aztec Relief Route Phase II Amendment 022221

Dear Edward,

505 348 4000 (phone) 505 348 4055 (fax) wilsonco com

Wilson & Company completed and submitted in "draft" fom1 Task 1, which is an analysis of the Phase II Plans, Specifications, & Estimate update requirements. .-\ project schedule provided as part of the analysis provides for City's concurrence on the recommended \Vork Plan. Below is an outline of the tasks moving forward, including estimated manhour detail.

Task 2: Update the final plans and specifications to N::\IDOT 2019 requirements, update N"i\'IDOT standard drawings, review summary of quantity sheets and tables to NMDOT 2019 requirements for 90% submittal and subsequent PS&E submittal. Update the Engineers Cost Estimate, Bid Form, and review earthwork quantities (over excavation and borrow are key bid items). Final deliverables include three copies of the plan set including final quantities and an overall estimate of probable cost. The plan set will be stand-alone document for project approval and certifications through the City and the NMDOT. Provide Quality Assurance review of construction documents and document on a Comment Resolution Form (CRF). Including comment tracking and Q.-\ certification.

Task 2 .. ...... ....................................................... $72,512.00

Task 3: Update and coordinate the NMDOT Certifications for ROW, Environmental, Utilities, Railroad and ITS.

Task 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $12,800.00

Task 4: Coordinate with N?vfDOT, City of .-\ztec, ROW Consultants . • -\ttend 90% Submittal Review and final PS&E meeting, coordinate agenda-sign-in-summary meeting minutes, and address Ni\IDOT comments . • -\nticipated Meetings:

1. Kick-off Meeting with City to outline Work Plan, Schedule, and project overview. 2. Coordinate and schedule a project status meeting with NMDOT PDE/Local Government

Liaison, City and Wilson to kick-start and also walk through the City endorsed Work Plan and Schedule.

3. Coordinate, conduct, and record a 90% NMDOT submittal review. Effort includes agenda and sign-in preparation, recording of meeting minutes, draft and final meeting minute distribution.

4. Preparation of PS&E Check-lit, coordinate, conduct, and record a NMDOT PS&E submittal review. Effort includes agenda and sign-in preparation, recording of meeting minutes, draft and final meeting minute distribution. Effort also includes coordination with NMDOT's PDE/Local Government Liaison with respect to the Project Production Package completion.

5. Coordinate and execute a final submittal of signed and sealed PS&E package for NMDOT review and letting/bidding endorsement.

Task 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $15,280.00

Wilson & Company. Inc., Engineers & Architects 1

d1sc1pl111e I 111tens1ty I collaboration I shared ownership I soiutrons

August 18, 2021

City of Aztec Relief Route Phase II Amendment 022221 2/22/2021 pg.2

WllSOIV &COMPANY

Task 5: Schedule and attend 90% N?IIDOT Review, including recording of meeting summary and update of Comment Resolution Form (CRF), which catalogues and tracks all 90% review comments.

Task 5 . . . . . . . . . . . . . . .. . .. . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . .... $16,752.00

Task 6: "-\ddress NMDOT Comments and update CRF column with responses to each comment.

Task 6 .............................................. ............. $18,400.00

Task 7: Upload Plans, Specifications, & Estimate, as well as NMDOT certifications to FTP site for City and NMDOT access and download. Schedule and attend PS&E review meeting with NMDOT.

Task 7 ........................................................... $10,152.00

Task 8: PS&E Checklist and T /LPA Project Production Package Assistance.

Task 8 ................................................. . ......... $10,800.00

Task 9: Invitation to Bid (ITB), Pre-bid, ,-\ddenda, Bid Opening, Council .-\ward Recommendation.

Task 9 ........................................................... $10,152.00 Expenses .... . . . .. . . . . . .. . . .. . . . .. . . .. . . . . ... .. . . . . . . . . .. . . . . . . . $2,913.80 Subtotal. . . . . . . . .... . . .. . . . .. .. . . .. . . .. . . . . . . . . . . . .. .. . . . ... . . . . $169, 761.80 NMGRT @ 7.875°/o ...................................................... $13,368.74 Project Total. . .. . . .. . .. .. . . . . .. . . . ... . . .. . . . ... . . ... . .. .. . . ... $183,130.54

Thank you for the opportunity to submit this request for engineering services required to complete the 1\ztec Arterial Route Phase 2 project. Should you require further information, please do not hesitate to contact me at 505-400-6970.

Sincerely,

Daniel S. Aguirre, PE MSD Senior Vice President

Exhibit "A"

m1ms 1ve Description/Personnel Project Manager P6 Project Engineer PS Engineer Intern P2 CAO Technician DOS Assistant A02 ·-Ta;k"f:"i>ti:·2·Kick=�ttMeeting

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requirements ! l I I ==�� :�� -ZV:icr��9J5�� Wsh�na-l=====i--------i-----=�=�==r====+=�==--= �f=µ�k��ti��d��dafe\NP&Scii�----+-----------t--------t---------t----------+-----------��nbut1on

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--------------------�- -------T--------�-----------r-------__ _':IE�!l1..e_ Estim!lte of _!"ro�able Cos!·--------�-----------+-----�'.!...---1-----l!..·---�-----·-----------i---------Update Specifications/Bid Forms : : 80 I 16 ! ! 40

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---------- -------- ·-----subtoti1r--32--:--176""--r 112 r---1&0-- --,-----80--------------- __ __ ..,__ _____ ......_ __ ·---� - �-----� -----·-__ .I�:i-��date,!!MDQ!..£!.rt.!.f��---5-ubi�t;;,+------j�---L----�� ----+----0------+----0 ---+------·1i---·--=�sk 4 -c�ci��tion��Q��:} ub�.

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r--------..,.-----------��_!!ryrooT ----------L-- 36 I 36 ---�----2i__ __ _L ______ J___ _____ _

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__ _Fina_!.£'!�1[.�d and se�'!_·-----------··-=----------....1...--...!L ....... t' _____ 1_6 ____ �-----�q_-------1---------Final Specifications, signed and sealed ! j 12 8 1 =- FinalE;·ti�ate�-ii��3 and sealed -=====-i=-=:==---L=-·a----·-r=:=:=�==r�===----·:·---------_________________ s_ubto.!_�!

1 o __ .J_ _ __ l_& ___ _ _j_ __ .E_ ____ �----�------t----o _ _ _ Task 7 - Schedule and Attend PS&E review i l I

meeting with NMOOT ' I 36 I 36 I ===:=�--=====�====:=�=j==-o----,-- _ 36 __ -=1: _____ 2�---_c=:=-a·-==1=:�=� o __

_ .I��.::!��i_!�-�=:�---�-.=--+-·==�=------i--:=�===+-- --:1%·-=�=�t::=:=o-:=:==±::---fi----· Task 9 . ITB, Pre-bid, Addenda, Bid Opening, I I ! 1' j _r;:��!��_c:.��d-- ------j-----

o ·----+--*---+-----*-·-- ----o---+-- ·-o-----

Total Man Hours 132 416 280 240 136 Unit C ost $28,512.00 $76,544.00 S27 ,440.00 $25,920.00 $8,432.00

•• :•: I Envrionmental Re-certification $2.021.80 Mileage. 2 trips 350 ml/trip, 0.56 per mile $392.00

Total 3rd Party or Specialty Services $2 913 BO Subtotal $169 761 80

NMGRT 7 8750% $13,368 74 Proposed Project Cost w/NMGRT $183 130.54

Staff Report


AGENDA ITEM: VI. CONSENT AGENDA (F)

AGENDA TITLE: Power Line Easement to Farmington Electric Utility System for Ancient Trails Transmission Line. COA / FEUS joint project.

ACTION REQUESTED BY: Electric Utility Director

SUMMARY BY: Electric Utility Director


City staff respectfully requests that the Commission review and approve easement requests from the Farmington Electric Utility System (FEUS) for the joint project known as “Ancient Trails Transmission Line”. Since the construction of the City of Aztec Electrical Substation (Light Plant Substation) in 2000, the Aztec Electric Department has been working with the City of Farmington Electric Utility to build a secondary or backup transmission feed to the City of Aztec. Several times over the past 20 years the entire City of Aztec has been without power due to problems with the electrical transmission line coming to Aztec from the Bergin Substation located in Bloomfield. City staff has been able to work with FEUS and devise a project known as the” Ancient Trails Substation and Transmission Line” that will allow the City of Aztec to accomplish the goal of obtaining a secondary transmission feed to the City of Aztec. The route for the proposed new transmission line will begin on Navajo Dam Road near the First Divide subdivision and will follow Navajo Dam Road West/Southwest to the proposed Aztec Arterial rout, following the south side of the Arterial route to South Main Avenue where the Arterial meets Hwy 550. This project is a joint venture between the FEUS and the City of Aztec. Aztec will pay one half of the construction cost. FEUS will own and maintain the transmission lines and poles, however, the City of Aztec will own and maintain a distribution circuit built on the same pole setting below the transmission wires. The City of Aztec entered into a MOU with FEUS in August of 2019 allocating an estimated $6.5 million in support of this joint project. Since August of 2019, the City has secured the funding necessary to support our half of the projected cost. The City of Aztec Electric Department has over $7 million set aside specifically for the Ancient Trails Project. The City Attorney has reviewed approved the written easements as to form.

PROCUREMENT

FEUS will procure all engineering, land acquisition and construction for this project.

FISCAL IMPACTS

The estimated total cost for the project is fourteen million dollars ($14,000,000). The City of Aztec’s estimated cost is six million five hundred and fifty five thousand dollars ($6,555,000).

SUPPORT DOCUMENTS: Easement document(s), drawings, maps, and MOU.

DEPARTMENT’S RECOMMENDED MOTION: Move to Approve the signing of four easements to Farmington Electric Utility System for the construction and maintenance of the Ancient Trails Electric Transmission Line.

MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF AZTEC

AND CITY OF FARMINGTON

FARMINGTON ELECTRIC UTILITY SYSTEM

THIS Memorandum of Understanding is made and entered into this _____ day of _______________, 2019, by and between the City of Aztec, a New Mexico Municipal Corporation, (“Aztec”), and the City of Farmington, a New Mexico Municipal corporation doing business as the Farmington Electric Utility System (“FEUS”). When referred to jointly, Aztec and FEUS shall be referred to as the “Parties” and may be referred to individually as a “Party.” WHEREAS, Aztec and FEUS presently operate municipal utility systems pursuant to the statues of the State of New Mexico; and WHEREAS, the Parties wish to mutually assist each other insofar as is reasonable and possible in the operation of their respective municipal electric utility systems for the greatest benefits to their respective communities and consumers; and WHEREAS, the Parties wish to install an Ancient Trails Substation supporting both FEUS and Aztec on a 50/50 shared basis of design and installation; and WHEREAS, the Parties wish to install approximately 1.5 miles of double circuit 115KV transmission line supporting both FEUS and Aztec on a 50/50 shared basis of design and installation; and WHEREAS, the Parties wish to install 6.3 miles of 69kV transmission line to support both FEUS and Aztec on a 50/50 shared basis of design and installation; and WHEREAS, Aztec wishes to have FEUS install the Aztec Station Phase 3 including installation of a 69 kV breaker addition for an additional direct Aztec support of 100%. NOW, THEREFORE, Aztec and the City, in consideration of the mutual covenants, agreements, and payments outlined below, do hereby agree as follows: A) FEUS shall install/construct the listed projects for the budgeted/estimated costs as follows and set forth in Exhibit A attached and the City of Aztec and the City of Farmington will both pay 50% of all engineering, design, land accusation cost, construction and material items on the following projects:

1) Ancient Trails Substation supporting both FEUS and Aztec on a 50/50 shared basis of ringbus design; Aztec share estimated cost of $3,500,000.00 (see exhibit 1 and 2);

- 2 -

2) 1.5 miles of 115KV double circuit transmission line supporting both FEUS and Aztec on a 50/50 shared basis of ringbus design; Aztec share estimated cost of $600,000.00 (see exhibit 3);

3) 6.3 miles of 69kV transmission line supporting both FEUS and Aztec on a 50/50 shared basis; Aztec share estimated cost of $1,500,000 (see exhibit 3); and

4) Aztec Station Phase 3 including installation of a 69kV breaker and metering addition for additional direct Aztec support on a 100% basis; Aztec estimated cost of; $500,000.00.

B) The Parties understand that the costs listed are estimates that are to be used for budgeting purposes, and that the actual costs will be provided on completion of the projects.

C) FEUS shall provide a invoice to the City of Aztec semi-annually for work

completed on the projects. D) This Memorandum of Understanding shall have a term of five (5) years and can be extended by mutual action of the Parties. E) This Memorandum of Understanding may be terminated by FEUS or the Aztec at any time upon one hundred eighty (180) days written notice to the other party. F) Each party agrees to protect, defend, and save the other party, their elected and appointed officials, agents, and employees, while acting within the scope of their duties as such, harmless and against all claims, demands, causes of action of any kind or character including the cost of defense thereof, arising in favor of the contractor's employees or third parties on account of bodily or personal injuries, death, or damage to property arising out of services performed or omissions of services or in any way resulting from the acts or omissions of each party's agents, employees, representatives, assigns or subcontractors under this Agreement.

G) This Agreement contains the entire agreement between the parties and shall be binding alike upon and inure to the benefit of the parties, their heirs, personal representatives, successors, and assigns.

H) No amendment or modification shall be valid unless executed, in writing, by both

parties with the same formalities as this Agreement. I) This Agreement shall be governed by the laws of the State of New Mexico. In witness whereof the Parties have signed and sealed this agreement the day and year

first above written.

- 3 -

EXECUTED this _______ day of _________________, 2019. City of Farmington, doing business City of Aztec as Farmington Electric Utility System By By Nate Duckett, Mayor Victor Snover, Mayor ATTEST: __________________________________ ___________________________________ Dianne Smylie, City Clerk Karla Sayler, City Clerk Legal Department Legal Department Approved as to form Approved as to form By:___________________________ By:___________________________ Jennifer Breakell, City Attorney J. Nicci Unsicker , City Attorney

RIGHT OF WAY EAISEMENT WF# 819920

THIS INDENTURE, MADE THIS DAY OF _____________ A.D.,20 _____ _

BY AND BETWEEN, CITY of AZTEC, a Municipal Corporation

PART _ Y_ OF TH E FIRST PART, AND THE CITY OF FARMINGTON ELECTRIC UTILITY SYSTEM, A MUNICIPAL CORPORATION, PARTY OF THE SECOND PART.

WITNESSETH : THAT THE SAID PARTIES OF THE FIRST PART, FOR AND IN CONSIDERATION OF THE SUM OF ONE ($1.00) DOLLAR LAWFUL MONEY OF THE UNITED STATES OF AMERICA AND OTHER VALUABLE CONSIDERATIONS TO THEM IN HAND PAID BY THE SAID PARTY OF THE SECOND PART, THE RECEIPT WHEREOF IS HEREBY ACKNOWLEDGED, DO BY THESE PRESENTS GRANT, BARGAIN, SELL, CONVEY, AND CONFIRM UNTO THE SAID PARTY OF THE SECOND PART, AND ITS SUCCESSORS, AND ASSIGNS A RIGHT OF WAY IN, ON, UNDER, BENEATH, OYER, AND ACROSS THE FOLLOWING DESCRIBED LANDS SITUATED IN SAN JUAN COUNTY, NEW MEXICO. FOR THE PURPOSE OF CONSTRUCTING, BUILDING, ERECTING, LAYING, INSTALLING, MAINTAINING, RENEWING, REPAIRING, INSPECTING, OPERATING, AND USING ELECTRIC POWER LINES, CABLES, TRANSM ISSION LINES POLES, TOWERS, GUYS, WIRES, POSTS, BRACES, TRANSFORMERS, CONDUITS, AND ALL EQU IPM ENT AND APPARATUS NECESSARY OR CONVENIENT FOR THE TRANSMISSION, DISTRIBUTION OF ELECTRIC POWER AND FEUS COMMUNICATIONS SYSTEMS IN, ON, UNDER, BENEATH, OYER, AND ACROSS THE SAID FOLLOWING DESCRIBED LANDS, TO-WIT. THE PARTY OF THE SECOND PART SHALL HAVE THE RIGHT TO REMOVE ALL INTERFERING VEGETATION AND STRUCTURES WITHIN THE RIGHT OF WAY AND TRIM VEGETATION GROWING WITHIN FIFTEEN (15) FEET OF ANY POWER LINES AND WITHIN FIFTEEN ( 15) FEET OF THE RIGHT OF WAY OF TRANSMISSION LINES, AND TO USE ANY AND ALL EXISTING ROADWAYS WITHIN PROPERTY FOR CONSTRUCTION AND MAINTENANCE OF SAID POWERLINE. PARTIES OF THE FIRST PART AGREE THAT THEY WILL NOT ATTACH ANYTHING TO DAMAGE, BURY OR UNDERMINE SUPPORT FOR ANY TRANSFORMER, POLE, TOWER, OR OTHER FACILITY INSTALLED WITHIN TH IS EASEMENT.

An area ofland ly ing within a parcel of land described and recorded in Book 1500, pages 787 and 788, records of San Juan County, New Mexico. Said parcel is located in Southeast Quarter of the Southwest Quarter (SE l/4SWl /4) of Section 16, Township 30 North, Range 11 West, N.M.P.M. The following described area: Beginning at the South Quarter comer of sa id Section 16, a found BLM brass cap " 1969'', THENCE: S 89°07'52" W, a distance of 183.93 feet; THENCE:N 19°19'15" E, adistanceof6.51 feet; THENCE: N 89°10'15" E, a distance of 181.96 feet; THENCE: S 0I 0 42'11" W, a di stance of 5.99 feet to the point of beginning. Having an area of 1105.7 square feet, 0.03 acres+-

See Exhibit "A"

TOGETHER WITH RIGHT OF INGRESS AND EGRESS IN , ON, UNDER, BENEATH, OYER, AND ACROSS THE SAID DESCRIBED LANDS FOR THE AFORESAID PURPOSES.

TO HAVE AND TO HOLD THE SAID DESCRIBED LANDS UNTO THE SAID PARTY OF THE SECOND PART AND ITS SUCCESSORS AND ASSIGNS FOR THE AFORESAID PURPOSES, SO LONG AS THE PARTY OF THE SECOND PART AND ITS SUCCESSORS AND ASSIGNS SHALL USE SAJD LANDS OR ANY PART THEREOF FOR ANY OF THE AFORESAID PURPOSES.

AND, THE SAID PARTY OF THE SECOND PART COVENANTS AND AGREES THAT IT SHALL AND WILL CLOSE ALL GATES USED BY IT OR ITS SERVANTS AND EMPLOYEES IN GOING UPON AND LEAVING SAID PREMISES FOR THE AFORESAID PURPOSES, AND THAT IT WILL PAY TO THE SAID PARTIES OF THE FIRST PART AND THEIR HEIRS, AND ASSIGNS ALL REASONABLE DAMAGES DONE OR CAUSED TO BE DONE BY THE PARTY OF THE SECOND PART AND ITS SERVANTS AND EMPLOYEES IN GOING IN, ON, UNDER, BENEATH, OVER, AND ACROSS TH E SAID LANDS IN ERECTING, INSTALLING, SERVICING, REPAIRING, MAINTAINING, AND USING THE SAID POWER LINES, EQU IPMENT, AND FEUS COMMUNICATIONS SYSTEMS.

IT IS FURTHER COVENANTED AND AGREED BY AND BETWEEN THE SAID PARTI ES HERETO THAT IF AND WHEN THE PARTY OF THE SECOND PART, ITS SUCCESSORS AND ASSIGNS ABANDON THE SAID LANDS FOR THE AFORESAID USES, FOR THE PERIOD OF TWO YEARS OR MORE, THE RIGHTS HEREIN GRANTED SHALL AUTOMATICALLY REVERT TO THE SAID PARTIES OF THE FIRST PART AND THEIR HEIRS AND ASSIGNS.

IN WITNESS WHEREOF THE SAID PART _j'_ OF THE FIRST PART HA_s_ HEREUNTO SET _ITL HANDS AND SEALS THE DAY AND YEAR FIRST HEREINABOYE WRITTEN.

Title

STATE OF _________ )

) SS COUNTY OF _________ )

THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS ____ DAY OF _____________ 20_,

BY ________ ~~~------------~ AS ________ ==~-----------~ NAME TITLE

OF _________________________ ~A MUNICPAL CORPORATION, ON BEHALF OF SAID CORPORATION.

IN WITN ESS WHEREOF: I HAVE HEREUNTO SET MY HAND AND AFFIXED BY OFFICIAL SEAL THE DAY AND YEAR IN THIS CERTIFICATE FIRST ABOVE

WRITTEN

NOTARY PUBLIC

MY COMMISSION EXPIRES: _________ _

EXHIBIT . "_A" PROJECT LOCATED IN THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER SECTION 16, T30N R11 W N.M.P.M. SAN JUAN COUNTY, NM

JMJS LLC I R0000106 B1606 P827

CITY OF AZTEC B1500 P788

CITY /OF AZTEC B1500 P787

STATE LAND

FND. BLM BC 1969 S1 / 4 SEC. 16

AZTEC ARTERIAL ROUTE 253+87 .48

246+09.02 --t-- ---

A748.47 ' R3719 .72 ' D11'31'44"

V' U' 0

CITY OF FARMINGTON AZTEC SUB STATION

s 19'19'15" w s 89'10'15" w 778.46 '

327.74 '

LOT 2

I MEADOR SUBDIVISION ~~--LS 45·25';p " W

2.87' I DUANE M. MEADOR R4003805 B1398 P412

CHARLOTTE G PAUL TRUST R0014188 B1384 P962

CITY OF AZTEC R4003806 B1 3 53 P71

=~~------'--- .. - .. - . - ·· - · - ··- .. - · l 1105.7 Sq . Feet

0.03 Acres

N 19'19 ' 15" E 6.51'

N 89'10'15" E 181 .96'

s 89'07 '52" w 183.93 '

s 01 ' 42'11" w 5 .99 '

I, Herb L. Blair, New Mexico Professional Surveyor No. 18057, do hereby certify that this Easement Survey Plat and the actual survey on the ground upon which it is based were performed by me or under my direct supervision; that I am responsible this survey; that this survey meets the Minimum Standard ~'8'. in New

~~~:'flj~Jil. oocced tote wledge

300 150 0

( IN FEET )

1 inch = 300 ft. GRAPHIC SCALE

Professional Land Surveyor New Mexico PS No. 18057 COF-422 AMENDED P10

INDEXING INFORMATION FOR COUNIY CLERK

OWNERS: CllY OF AZTEC

LOC : SE1 / 4SW1 / 4 SEC. 21, T30N R11W NMPM

NAME OF SUBDIVISION: N A

FARMINGTON ELECTRIC UTILITY SYSTEM . Drawing Info: WF 819920-2

T30N, R11W, Section J 6 San Juan County, New Mexico

SCALE: 1" = 300 ' · DATE: 12 19 2019 PAGE: 1 OF 1

300

I

RIGHT OF WAY EASEMENT WF# 819920(2

THIS INDENTURE, MADE THIS DAY OF _____________ A.D.,20 _____ _


PART _ Y_ OF THE FIRST PART, AND THE CITY OF FARM INGTON ELECTRIC UTILITY SYSTEM, A MUN ICIPAL CORPORATION, PARTY OF THE SECOND PART.

WITNESSETH: THAT THE SAID PARTIES OF THE FIRST PART, FOR AND fN CONSIDERATION OF THE SUM OF ONE ($ 1.00) DOLLAR LAWFUL MONEY OF THE UN ITED STATES OF AMERICA AND OTHER VALUABLE CONSIDERATIONS TO THEM IN HAND PAID BY THE SAID PARTY OF THE SECOND PART, THE RECEIPT WHEREOF IS HEREB Y ACKNOWLEDGED, DO BY THESE PRESENTS GRANT, BARGAfN, SELL, CONVEY, AND CONFIRM UNTO THE SAID PARTY OF THE SECOND PART, AND ITS SUCCESSORS, AND ASSIGNS A RIGHT OF WAY IN , ON, UNDER, BENEATH, OVER, AND ACROSS THE FOLLOWING DESCRIBED LANDS SITUATED IN SAN JUAN COUNTY, NEW MEXICO. FOR THE PURPOSE OF CONSTRUCTING, BUILDING, ERECTING, LAYING, INSTALLING, MAINTAfNfNG, RENEWING, REPAIRING, INSPECTING, OPERATfNG, AND USING ELECTRIC POWER LINES, CABLES, TRANSMISSION LINES POLES, TOWERS, GUYS, WIRES, POSTS, BRACES, TRANSFORMERS, CONDUITS, AND ALL EQUIPMENT AND APPARATUS NECESSARY OR CONVENIENT FOR THE TRANSMISSION, DISTRIBUTION OF ELECTRIC POWER AND FEUS COMMUNICATIONS SYSTEMS IN, ON, UNDER, BENEATH, OVER, AND ACROSS THE SAID FOLLOWfNG DESCRIBED LANDS, TO-WIT. THE PARTY OF THE SECOND PART SHALL HAVE THE RIGHT TO REMOVE ALL INTERFERfNG VEGETATION AND STRUCTURES WITHIN THE RIGHT OF WAY AND TRIM VEGETATION GROWING WITHIN FIFTEEN (IS) FEET OF ANY POWER LINES AND WITHIN FIFTEEN ( 15) FEET OF THE RIGHT OF WAY OF TRANSM ISSION LINES, AND TO USE ANY AND ALL EXISTING ROADWAYS WITHIN PROPERTY FOR CONSTRUCTION AND MAINTENANCE OF SAID POWERLINE. PARTIES OF THE FIRST PART AGREE THAT THEY WILL NOT ATTACH ANYTHfNG TO DAMAGE, BURY OR UNDERMINE SUPPORT FOR ANY TRANSFORMER, POLE, TOWER, OR OTHER FACILITY INSTALLED WITHIN THIS EASEMENT.

An area of land lying within and adjoining the north line of Lot I of the Meador Subdivision, located in the north half (NI /2) of Section 2 1, Township 30 North, Range 11 West, N .M. P.M., as described and recorded in Book 1398, page 4 12, records of San Juan County, New Mexico. The following described area: Beginning at northeast corner of said Lot I, from which the North Quarter corner of said Section 2 1, a found BLM brass cap" 1969'', bears N 30°2013 111 E, a distance of 39 1.98; THENCE: S I 0°42' I 911 W, a distance of 15.37 feet; THENCE: S 19° 19'15 11 W, a distance of43.38 feet; THENCE: S 70°04'0 I 11 W, a distance of236.67 feet; THENCE: S 45°25 '37 11 W, a di stance of 5.33 feet to the beginning of a curve; THENCE: Northerly 46.50 feet along the easterly existing Right-of-Way line of US Highway 550, along a curve to the right, having a radius of3719.72 feet, a central ang le of 0°42'59 11

, a chord bearing ofN 29°38'05" W, a chord length of 46.50 feet; THENCE: N 69°25'25 11 E, a distance of284.65 feet to the point of beginning. Having an area of 11939.2 square feet, 0.27 acres+-

See Exhibit "A"

TOGETHER WITH RIGHT OF INGRESS AND EGRESS fN, ON, UNDER, BENEATH, OVER, AND ACROSS THE SAID DESCRIBED LANDS FOR THE AFORESAID PURPOSES.

TO HAVE AND TO HOLD THE SAID DESCRIBED LANDS UNTO THE SAID PARTY OF THE SECOND PART AND ITS SUCCESSORS AND ASSIGNS FOR THE AFORESAID PURPOSES, SO LONG AS THE PARTY OF THE SECOND PART AND ITS SUCCESSORS AND ASSIGNS SHALL USE SAID LANDS OR ANY PART THEREOF FOR ANY OF THE AFORESAID PURPOSES.

AND, THE SAID PARTY OF THE SECOND PART COVENANTS AND AGREES THAT IT SHALL AND WILL CLOSE ALL GATES USED BY IT OR ITS SERVANTS AND EMPLOYEES fN GOfNG UPON AND LEAVING SAID PREMISES FOR THE AFORESAID PURPOSES, AND THAT IT WILL PAY TO THE SAID PARTIES OF THE FIRST PART AND THEIR HEIRS, AND ASSIGNS ALL REASONABLE DAMAGES DONE OR CAUSED TO BE DONE BY THE PARTY OF THE SECOND PART AND ITS SERVANTS AND EMPLOYEES IN GOING IN, ON, UNDER, BENEATH, OVER, AND ACROSS TH E SAID LANDS IN ERECTING, INSTALLfNG, SERVICING, REPAIRING, MAfNTAfNING, AND USING THE SAID POWER LINES, EQUIPMENT, AND FEUS COMMUNICATIONS SYSTEMS.

IT IS FURTHER COVENANTED AND AGREED BY AND BETWEEN THE SAID PARTIES HERETO THAT IF AND WHEN THE PARTY OF THE SECOND PART, ITS SUCCESSORS AND ASSIGNS ABANDON THE SAID LANDS FOR THE AFORESAID USES, FOR THE PERIOD OF TWO YEARS OR MORE, THE RIGHTS HEREIN GRANTED SHALL AUTOMATICALLY REVERT TO THE SAID PARTIES OF THE FIRST PART AND THEIR HEIRS AND ASSIGNS.

IN WITNESS WHEREOF THE SAID PART ..Y_ OF THE FIRST PART HA~ HEREUNTO SET _lIL HANDS AND SEALS THE DAY AND YEAR FIRST HEREINABOVE WRITTEN.

Title

STATE OF _ _______ ~)

) SS. COUNTY OF _________ )

THE FOREGOfNG INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS ____ DAY OF _____________ 20_,

BY ________ ~~~------------_, AS ________ ~~~------~--NAME TITLE

OF ___________________________ , A MUNICPAL CORPORATION, ON BEHALF OF SAID CORPORATION.

fN WITN ESS WHEREOF: I HAVE HEREUNTO SET MY HAND AND AFFIXED BY OFFICIAL SEAL THE DAY AND YEAR IN TH IS CERTIFICATE FIRST ABOVE

WRITTEN

NOTARY PUBLIC

MY COMMISSION EXPIRES:----------

EXHIBIT "A" PROJECT LOCATED IN THE NORTH HALF OF SECTION 21, T30N R11 W N.M.P.M. SAN JUAN COUNTY, NM

JMJS LLC R0000106 81606 P827

CITY OF AZTEC 81500 P788

CITY IOF AZTEC 81500 P787

STATE LAND

FND. BLM BC 1969 S1I4 SEC. 16

N 30'20'31" E 391.98' (TIE) AZTEC ARTERIAL ROUTE

s 19'19'15" w 327.74'

246+09.02 --+--- ---

s 89'10'15" w 778.46'

A748.47' R3719.72' 011'31'44"

LOT 2

"\--::;:;;-...::::.__L_ s 45

•25

.37" W MEADOR SUBDIVISION

CITY OF FARMINGTON AZTEC SUB STA TI ON

2.87' I DUANE M. MEADOR R4003805 81398 P412

CHARLOTTE G PAUL TRUST R0014188 81384 P962

CITY OF AZTEC R4003806 B1353 P71

-===-~-------"'--- .. - .. - .. -

N 69'25'25" E 284.65'

11939.2 Sq. Feet 0.27 Acres

s 10'42'19" w ....---1---15.37 ' -------s 19'19'15" w

43.38' s 70'04'01" w 236.67' s 45'25'37" w 5.33'

CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE C1 3719 .72 46.50 46.50 N 29'38 05 W 0'42 59

Professional Land Surveyor New Mexico PS No. 18057

INDEXING INFORMATION FOR COUNTY CLER

OWNERS: CITY OF AZTEC

LOG: N1/2 SEC. 21, T30N R11W NMPM

NAME OF SUBDIVISION: MEADOR SUBDIVISION

300 150 0

-~ ( IN FEET )


-422 · AMENDED P9

UTILITY SYSTEM Drawing Info.· WF 819920-2

, T30N, R11W, Section 21 San Juan County, New Mexico

SCALE: 1" = 300' _ DATE: 12 19 2019 PAGE: 1 OF 1

300

I

RIGHT OF WAY EASEMENT WF# 819920(5

TH IS INDENTURE, MADE TH IS DAY OF ______ _______ A.D.,20 _ ____ _


PART _ Y_ OF THE FIRST PART, AND THE CITY OF FARMINGTON ELECTRIC UTILITY SYSTEM, A MUNICIPAL CORPORATION, PARTY OF THE SECOND PART.

WITNESSETH : THAT THE SAID PARTIES OF THE FIRST PART, FOR AND IN CONSIDERATION OF THE SUM OF ONE ($ 1.00) DOLLAR LAWFUL MONEY OF THE UNITED STATES OF AMERICA AND OTHER VALUABLE CONSIDERATIONS TO THEM IN HAND PAID BY TH E SAID PARTY OF THE SECOND PART, THE RECEIPT WHEREOF IS HEREBY ACKNOWLEDGED, DO BY THESE PRESENTS GRANT, BARGAIN, SELL, CONVEY, AND CONFIRM UNTO THE SAID PARTY OF THE SECOND PART, AND ITS SUCCESSORS, AND ASSIGNS A RIGHT OF WAY IN, ON, UNDER, BENEATH, OVER, AND ACROSS THE FOLLOWING DESCRIBED LANDS SITUATED IN SAN JUAN COUNTY, NEW M EXICO. FOR THE PURPOSE OF CONSTRUCTING, BUILDING, ERECTING, LA YING, INSTALLING, MAINTAINING, RENEWING, REPAIRING, INSPECTING, OPERATING, AND USING ELECTRIC POWER LINES, CABLES, TRANSMISSION LINES POLES, TOWERS, GUYS, WIRES, POSTS, BRACES, TRANSFORMERS, CONDUITS, AND ALL EQUIPMENT AND APPARATUS NECESSARY OR CONVENIENT FOR THE TRANSMISSION, DISTRIBUTION OF ELECTRIC POWER AND FEUS COMMUNICATIONS SYSTEMS IN, ON, UNDER, BENEATH, OVER, AND ACROSS THE SAID FOLLOWING DESCRIBED LANDS, TO-WIT. THE PARTY OF THE SECOND PART SHALL HAVE THE RIGHT TO REMOVE ALL INTERFERING VEGETATION AND STRUCTURES WITHIN THE RIGHT OF WAY AND TRIM VEGETATION GROWING WITHIN FIFTEEN (15) FEET OF ANY POWER LINES AND WITHIN FIFTEEN (15) FEET OF THE RIGHT OF WAY OF TRANSMISSION LINES, AND TO USE ANY AND ALL EXISTING ROADWAYS WITHIN PROPERTY FOR CONSTRUCTION AND MAINTENANCE OF SAID POWERLINE. PARTIES OF THE FIRST PART AGREE THAT THEY WILL NOT ATTACH ANYTHING TO DAMAGE, BURY OR UNDERMIN E SU PPORT FOR ANY TRANSFORMER, POLE, TOWER, OR OTHER FACILITY INSTALLED WITHIN THIS EASEMENT.

Five (5) areas of land lying within and adjoining the right of way the Aztec Relief Route, as shown on the New Mexico Department Of Transportation Right-Of Way Map New Mexico Project No. STP-9995(100) and the New Mexico Department Of Transportation Right-Of Way Map New Mexico Project No. F 100091. Said areas are located in Lots 5, 7 and 10 of Section 15, Township 30 North, Range 11 West, N.M.P.M.,

The following described areas:

Area #1 Located in Lot 5 of said Section 15 , on a parcel ofland described and recorded in Book 1616, page 960, records of San Juan County, New Mexico. Beginning at the South sixteenth corner of said Section 15, a found 2" Aluminum cap, LS 11643 "2014" THENCE: N 89°40'56" W, a distance of 681.90 feet to the Southwest Section Corner of said Section 15 , a found BLM brass cap " 1969'', THENCE: N 0 I 0 31' l 2" E, a distance of 39.60 feet along the west line of said Section 15, TH ENCE: N 89° 10' 15" E, a distance of 682. 13 feet; Thence: S 01 °18'43" W a distance of 53.28 feet to the point of beginning, having an area of 3 1649.4 square feet, 0.73 acres+-. Said area # 1 includes 160.61 feet ofoverhanging wire.

Area #2 Located in Lot 7 of said Section 15 , on a parcel of land described and recorded in Book 1641 , page 34, records of San Juan County, New Mexico. Beginning at a point on the north line of said Lot 7, from which the South Center Sixteenth corner of said Section 15 a found 2" aluminum cap, LS 11643 "2014", bears S 89°28' 13" E, a distance of 51.90 feet. THENCE: Southerly 425.60 feet along the Southerly existing Right-of-Way line of the Aztec Arterial Route, along a non-tangential curve to the right, having a radius of 1780.00 feet, a central angle of 13°41 '58", a chord bearing of S 48°12'47" W, a chord length of 424.59 feet; THENCE: N 43 °42'10" E, a distance of950.52 feet; THENCE: S 89°22'24" E, a distance of 15 .63 feet to the point of beginning. Having an area of22655 .7 square feet, 0.52 acres+-

Area #3 Located in Lot 7 of said Section 15 , on a parcel of land described and recorded in Book 1641 , page 34, records of San Juan County, New Mexico. Beginning at a point on the west line of said Lot 7, from which the South sixteenth corner of said Section 15, a found 3" aluminum cap, LS 11598 "2005" bears thence S 0 I 0 06'17" W a distance of226.03 feet to the Southerly existing Right-of-Way line of the Aztec Arterial Route; THENCE: N 00°56'50" E, a distance of 13.70 feet; THENCE: N 67°52'46" E, a distance of97.00 feet; THENCE: Southerly I 03 .14 feet along the Southerly existing Right-of-Way line of the Aztec Arterial Route, along a non-tangential curve to the right, having a radius of 1780.00 feet, a central angle of 3° 19'1 2", a chord bearing of S 60°52' 17" W, a chord length of 103.13 feet to the point of beginning. Having an area of 661 .6 square feet, 0.02 acres +-

Area #4 Located in Lot 1 O of said Section 15, on a parcel of land described and recorded in Book 1640, page 19, records of San Juan County, New Mexico. Beginning at a point on the east line of said Lot 10, from which the South sixteenth corner of said Section 15, a found 3" aluminum cap, LS 11598 "2005" bears thence S 01 °06' 17" W, a distance of226.03 feet to the Southerly existing Right-of-Way line of the Aztec Arterial Route; THENCE: Southerly 436.33 feet along the Southerly existing Right-of-Way line of the Aztec Arterial Route, along a non-tangential curve to the right, having a radius of 1780.00 feet, a central angle of 14°02'41 ", a chord bearing of S 69°32' 1 O" W, a chord length of 435.24 feet ; THENCE: N 67°52'46" E, a distance of 440.41 feet; THENCE: S 00°56'50" W, a distance of 13.68 feet to the point of beginning. Having an area of 6648.2 square feet, 0.15 acres+-

Right of Way Easement WF#819920(5

Page 1of2

Area #5 Located in Lot I 0 of said Section 15 , on a parce l ofland described and recorded in Book 1640, page I 9, records of San Juan County, New Mexico. Beginning at a point on the west line of said Lot I 0, from which the South sixteenth corner of sa id Section 15, a found 2" Aluminum cap, LS 11643"2014" bears S 0 I 0 05' 12" W a distance of26.42 feet, to the Southerly existing Right-of-Way line of the Aztec Arterial Route; THENCE: Southerly 2 18. 15 feet along the Southerly existing Right-of-Way line of the Aztec Arterial Route, along a non-tangential curve to the right, having a radius of 1780.00 feet, a central angle of 7°0I'19", a chord bearing of S 82°07'06" W, a chord length of 2 18.02 feet; THENCE: N 0 I 0 I 0'17" E, a distance of26.78 feet; THENCE: N 89° I 0'15" E, a distance of2 I 5.43 feet to the point of beg inning, having an area of 3369.1 square feet, 0.08 acres+-

See Exhibit "A"

TOGETHER WITH RIGHT OF INGRESS AND EGRESS IN, ON, UNDER, BENEATH, OVER, AND ACROSS THE SAID DESCRIBED LANDS FOR THE AFORESAID PURPOSES.

TO HAVE AND TO HOLD THE SAID DESCRIBED LANDS UNTO THE SAID PARTY OF THE SECOND PART AND ITS SUCCESSORS AND ASSIGNS FOR THE AFORESAID PURPOSES, SO LONG AS THE PARTY OF THE SECOND PART AND ITS SUCCESSORS AND ASSIGNS SHALL USE SAID LANDS OR ANY PART THEREOF FOR ANY OF THE AFORESAID PURPOSES.

AND, THE SAID PARTY OF THE SECOND PART COVENANTS AND AGREES THAT IT SHALL AND WILL CLOSE ALL GATES USED BY IT OR ITS SERVANTS AND EMPLOYEES IN GOING UPON AND LEAVING SAID PREMISES FOR THE AFORESAID PURPOSES, AND THAT IT WILL PAY TO THE SAID PARTIES OF THE FIRST PART AND THEIR HEIRS, AND ASSIGNS ALL REASONABLE DAMAGES DONE OR CAUSED TO BE DONE BY THE PARTY OF THE SECOND PART AND ITS SERVANTS AND EMPLOYEES IN GOING IN, ON, UNDER, BENEATH, OVER, AND ACROSS THE SAID LANDS IN ERECTING, INSTALLING, SERVICING, REPAIRING, MAINTAIN ING, AND USING THE SAID POWER LINES, EQUIPMENT, AND FEUS COMMUNICATIONS SYSTEMS.

IT IS FURTHER COVENANTED AND AGREED BY AND BETWEEN THE SAID PARTIES HERETO THAT IF AND WHEN THE PARTY OF THE SECOND PART, ITS SUCCESSORS AND ASSIGNS ABANDON THE SAID LANDS FOR THE AFORESAID USES, FOR THE PERIOD OF TWO YEARS OR MORE, THE RIGHTS HEREIN GRANTED SHALL AUTOMATICALLY REVERT TO THE SAID PARTIES OF THE FIRST PART AND THEIR HEIRS AND ASSIGNS.

fN WITN ESS WHEREOF THE SAID PART _:j_ OF THE FIRST PART HA~ HEREUNTO SET~ HANDS AND SEALS THE DAY AND YEAR FIRST HEREINABOVE WRITTEN.

Tit le

STATE OF ________ ~)

) SS. COUNTY OF _ _______ )

THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS ____ DAY OF _____________ 20_,

BY ________ ~~~------------_, AS ____ ___ ------,==~---------NAME TITLE

OF ___________________________ , A MUNICPAL CORPORATION, ON BEHALF OF SAID CORPORATION.

IN WITNESS WHEREOF: I HAVE HEREUNTO SET MY HAND AND AFFIXED BY OFFIC IAL SEAL THE DAY AND YEAR IN THIS CERTIFICATE FIRST ABOVE

WRITTEN

MY COMMISSION EXPIRES:----------

NOTARY PUBLIC

Right of Way Easement WF#819920(5 Page 2 of 2

, . . '

EXHIBIT "A" PROJECT LOCATED IN LOTS 5, 7 AND 10 OF SECTION 15, T30N R11 W N.M.P.M. SAN JUAN COUNTY, NM

FND. 5/8" REBAR TAGGED LS 9673

SEC. 15 T30N R11W NMPM

LOT 5

FND. 2" AC 2014 LS 11643

LOT 8 LOT 9

AREA #5

ARMSTRONG REVOCABLE TRUST 81637 P940

AREA

AREA #3

LOT 7

LOT 10

E I

#4 I RONALD W HARTONG 81532 P387

CHAFFEE FAMILY SURVIVORS TRUST 81604 P908

SEC. 22 T30N . R11 W NMPM

·- · - · · - · - · - · - · \ · -·- ·· - · ·- · · - ·· - ·· ~

I, Herb L. Blair, New Mexico Professional Surveyor No. 18057, do hereby certify that this Easement Survey Plat and the actual su rvey on the ground upon which it is based were performed by me or under my direct supervision; that I am responsib le for this survey; that this survey meets the Minimum Standards for Surveying in New Mexico; and that it is true and correct to the best of my knowledge and belief.

FEDERAL LAND

FND. BLM BC 1969 S1/4 SEC. 15

o= FND. R8C LS 11643

HecbfJlraJ (112 600 300 0 600


INDEXING INFORMATION FOR COUNTY CLERK


LOC: LOTS 5, 7 & 10 SEC. 15, T30N R11W NMPM


• lllL

( IN FEET ) 1 inch = 600 ft.

GRAPHIC SCALE

COF-422 AMENDED P5

FARMINGTON ELECTRIC UTILITY SYSTEM Drawing Info. WF 81992-2

T30N, R11 W, Section 15 San Juan County, New Mexico

SCALE: 1" 600' DATE: 12 16 20 19 PAGE: 1 OF 2

I

. '

. .

N 01'31 '12" E 39.60'

EXHIBIT "A" PROJECT LOCATED IN LOTS 5, 7 AND 10 OF SECTION 15, T30N R11 W N.M.P.M . SAN JUAN COUNTY, NM

N 89' 10' 15" E 682 .13'

S 89'22'24" E 15.63'

N 89'40'46" W 681 .90'

s 01'18'43" w 53.28' //---s 41·21·51" w

31649.4 Sq. Feet 0.73 Acres .

538.37'

22655.7 Sq. Feet 0.52 Ac res

AREA 3 N 67'52'46" E

N 00'56'50" E \ r 97 .00'

13.68' v c:,'1-

661. 6 Sq. Feet 0 .02 Acres

AREA 4

N 67'52'46" E 440.41'

s 00·55'50" w 13.68'

6648.2 Sq. Feet 0 .15 Acres

N 01'10' 17 .. E N 89'1~'15" E

26.78'~215.43

C4

AREA 5


CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING C1 1780.00 425.60 424.59 s 48'12'47' w C2 1780.00 103.14 103.13' s 60'52'17" w C3 1780.00 436.33 435.24 s 69'32 10 w C4 1780.00 218.15 2 18.02 s 82'07 06" w

AREA OF EASEMENTS

AREA #1, = 31649.4 SQ. FT., 0. 73 ACRES +INCLUDES 160.61 FEET OF OVERHANGING WIRE

LOT 7 AREA #2 22655. 7 SQ. FT., 0.52 ACRES +-AREA #3 661 . 6 SQ. FT., 0 . 02 ACRES +-

LOT 10 AREA #4 6648. 2 SQ. FT., 0.15 ACRES +-AREA #5 3369.1 SQ. FT., 0.08 ACRES +-LOT 5

DELTA ANGLE 13'41 58' 3'19'12" 14'02 41" 7'01 19"


600 300 0 600

INDEXING INFORMATION FOR COUNTY CLERK


LOC: LOTS 5, 7 & 10 SEC . 15, T30N R11W NMPM


~---~ •JI •

( IN FEET ) 1 inch =-~ 600 ft.

GRAPHIC SCALE

COF-422 AMENDED PS

FARMINGTON ELECTRIC UTILITY SYSTEM Drawing Info. WF 819920-2

T30N, R11W, Section 15 Son Juan County, New Mexico

SCALE: 1" = 600 ' DATE: 12 16 2019 PAGE: 2 OF 2

I

.. RIGHT OF WAY EASEMENT

WF# 819920(10 TH IS INDENTURE, MADE THIS DAY OF ______________ A.D.,20 _ ____ _


PART _ Y_ OF THE FIRST PART, AN D THE CITY OF FARM INGTON ELECTRIC UTILITY SYSTEM, A MUN ICIPAL CORPORATION, PARTY OF THE SECOND PART.

WITNESSETH: THAT THE SAID PARTI ES OF THE FIRST PART, FOR AND IN CONS IDERATION OF THE SUM OF ONE ($ 1.00) DOLLAR LAWFUL MON EY OF THE UN ITED STATES OF AMERICA AND OTHER VALUABLE CONS IDERATIONS TO THEM IN HAND PAID BY THE SAID PARTY OF TH E SECOND PART, THE RECEIPT WH EREOF IS HEREB Y ACKNOWLEDGED, DO BY TH ESE PRESENTS GRANT, BARGAIN, SELL, CONVEY, AND CONFIRM UNTO THE SAID PARTY OF THE SECOND PART, AND ITS SUCCESSORS, AND ASS IGNS A RIGHT OF WAY IN, ON, UNDER, BENEATH, OVER, AND ACROSS THE FOLLOWING DESC RIBED LANDS SITUATED IN SAN JUAN COUNTY, NEW MEXICO. FOR THE PURPOSE OF CONSTRUCTING, BU ILDING, ERECTING, LA YING, INSTALLING, MAINTAINING, RENEWING, REPAIRING, INSPECTING, OPERATING, AN D USING ELECTRIC POWER LINES, CABLES, TRANSMISSION LINES POLES, TOWERS, GUYS, WIRES, POSTS, BRACES, TRANSFORMERS, CON DUITS, AND ALL EQU IPM ENT AND APPARATUS NECESSARY OR CONVEN IENT FOR THE TRANSM ISS ION, DI STRIBUTION OF ELECTRIC POWER AND FEUS COMMUNICATIONS SYSTEMS IN, ON, UNDER, BENEATH, OVER, AND ACROSS TH E SAID FOLLOWING DESCRIBED LANDS, TO-WIT. THE PARTY OF THE SECOND PART SHALL HAVE THE RIGHT TO REMOVE ALL INTERFERING VEGETATION AND STRUCTURES WITHIN THE RIGHT OF WAY AN D TRIM VEGETATION GROWING WITHIN FIFTEEN ( 15) FEET OF ANY POWER LINES AND WITHIN FIFTEEN ( 15) FEET OF THE RIGHT OF WAY OF TRANSM ISS ION LIN ES, AND TO USE ANY AND ALL EX ISTING ROADWAYS WITHIN PROPERTY FOR CONSTRUCTION AND MAINTENANCE OF SAID POWERLIN E. PARTI ES OF THE FIRST PART AGREE THAT THEY WILL NOT ATTACH AN YTHING TO DAMAGE, BURY OR UNDERMINE SUPPORT FOR ANY TRANSFORMER, POLE, TOWER, OR OTHER FACILITY INSTALLED WITHIN TH IS EASEMENT.

A strip of land varying in width, bei ng fifty (50) feet on the Southerly side and varying in width on the northerly side, matching up against an existing ten ( I 0) foot power line easement, as described and recorded in Book 802, page 129, records of San Juan County, New Mexico . The following described centerline; Beginning at Survey Station 74+53 . 11 , a point on the east line of the Southeast Quarter of the Southwest Quarter (SE I /4SW 1/4) of Section 12, Township 30 North, Range 11 West, N.M.P.M ., as described and recorded in Book 536, page 163 , records of San Juan County, New Mexico . Said point bears N 01 °08' 17" E, a distance of 545 .54 feet from the South Quarter corner of said Section 12, a found BLM brass cap" 1969". THENCE: N 83°31 '48" W, a distance of 2628. 76 feet to Survey Station 100+81 .87. A point on the east line of the Southeast Quarter of the Southeast Quarter (SE 1/4SE 1/4) of Section 11 Township 30 North, Range 11 West, N.M.P.M., from which the Southeast corner of said Section 11 , a found BLM brass cap " 1969" bears S 00°45'34" W, a di stance of798.28 feet. THENCE: continuing N 83°31 '48" W, a distance of 859.82 feet to Survey Station I 09+41 .69, THENCE: S 63° 18' I 6" W, a di stance of 1940.80 feet to Survey Station I 28+82.49, a point on the south line of the Southwest Quarter of the Southeast Quarter (SW I/4SE 1/4) of said Section 11 and said centerline there terminating. From which said South Quarter corner of said Section 11 bears N 89°29'04" W a distance of 120.48 feet. Area of easement: 496 ,206.0 Sq. Ft. - 11 .39 acres +-The sidelines of above described centerline to lengthen or shorten with respect to the property lines.

See Exhibit "A"

TOGETHER WITH RIGHT OF INGRESS AND EG RESS IN, ON, UN DER, BENEATH, OVER, AN D AC ROSS THE SAID DESC RIBED LANDS FOR THE AFORESAID PURPOSES.

TO HAVE AND TO HOLD THE SAID DESCRIBED LANDS UNTO THE SA ID PARTY OF THE SECOND PART AND ITS SUCCESSORS AND ASSIGNS FOR THE AFORESAID PURPOSES, SO LONG AS THE PARTY OF THE SECOND PART AND ITS SUCCESSORS AN D ASS IGNS SHALL USE SAID LANDS OR ANY PART THEREOF FOR ANY OF THE AFORESAID PURPOS ES.

AND, TH E SAJD PARTY OF THE SECOND PART COVENANTS AND AGREES THAT IT SHALL AND WILL CLOSE ALL GATES USED BY IT OR ITS SERVANTS AND EMPLOYEES IN GOING UPON AND LEA VING SAID PREMISES FOR THE AFORESAID PURPOSES, AND THAT IT WILL PAY TO THE SAID PARTI ES OF THE FIRST PART AND THEIR HEIRS, AND ASS IGNS ALL REASONAB LE DAMAGES DON E OR CAUSE D TO BE DON E BY THE PARTY OF THE SECOND PART AND ITS SERVANTS AND EMPLOYEES IN GOING IN, ON, UNDER, BENEATH, OVER, AND ACROSS TH E SA ID LANDS IN ERECTING, INSTALLING, SERVICING, REPAIRING, MA INTAINING, AND US ING THE SA ID POWER LIN ES, EQU IPM ENT, AND FEUS COMMUNICATIONS SYSTEMS.

IT IS FU RTH ER COVENANTED AND AGREED BY AND BETWEEN THE SA ID PARTIES HERETO THAT IF AND WH EN THE PARTY OF THE SECOND PART, ITS SUCCESSORS AND ASS IGNS ABANDON THE SAID LANDS FOR THE AFORESAID USES, FOR THE PERIOD OF TWO YEARS OR MORE, THE RIGHTS HEREIN GRANTED SHALL AUTOMATICALLY REVERT TO TH E SAID PARTIES OF THE FIRST PART AND THEIR HEIRS AND ASS IGNS.

IN WITN ESS WH EREOF TH E SAID PART l OF THE FIRST PART HA_s_ HEREUNTO SET _lIL HANDS AND SEALS THE DAY AND YEAR FIRST HEREINABOVE WRITTEN.

STATE OF __________ ) ) SS .

COUNTY OF _________ )

THE FOREGOfNG INSTRUMENT WAS ACKNOWLEDGED BEFORE ME TH IS _ ___ DAY OF _____________ 20_,

BY _________________________ , AS ________ -==o-=------------~ NAME TITLE

OF __________________________ ~ A MUN ICPAL CORPORATION, ON BEHALF OF SAID CORPORATION.

IN WITN ESS WH EREOF: I HAVE HEREUNTO SET MY HAND AN D AFFIXED BY OFFICIAL SEAL THE DAY AND YEAR IN TH IS CERTIFICATE FIRST ABOVE

WRITTEN

NOTARY PUBLIC

MY COMMI SS ION EX PIRES: -----------

.... ....

.... ....

FND. BLM BC 1969 Wl/4 SEC. 11

+ I SECTION 11 T30N R11 W NMPM

I

T FND. BLM BC 1969 Wl/4 SEC. 12

T

SECTION 12 I T30N R11 W NMPM

l

BOARD OF EOUCA TION OF THE AZTEC MUNICIPAL SCHOOL DISTRICT NO. 2

.............. I

N Q_

0 w 0 z w ~

B1477 P916 FND. 12" AC 2014 LS 11643

s 46'52' 16" w 2129.52 '

FEDERAL LAND

FND. BLM BC 1969 Wl/4 SEC. 14

-& FND. 2" AC 2014 LS 11643

·~ ............

--+--~+ I -;......,,

FEDERAL LAND

-+-

SEC 14 i----- -------1 ______ _

1000 500 0

i.-------~

EXIST NG 10' ESMNT B802 P129

N 83'31 '48'' W-859082 '

FND. BLM BC 1969 El/4 SEC. 14

1000

I ( IN FEET


N 83'31 '48" W 2628.76'

-t

AREA OF EASEMENT 496,206.0 SQ. FT. , 11 .39 ACRES +-

-I

I, Herb L. Blair , New Mexico Professional Surveyor No. 18057, do hereby certify that this Easement Survey Plot and the actual survey on the ground upon which it is based were performed by me or under my direct supervision ; that I om responsible for this survey; that this survey meets the Minimum Standards for Surveying in New Mexico; and that it is true and correct t o the best of my knowledge and bel ief.


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Staff Report MEETING DATE: August 24, 2021

AGENDA ITEM: VI. CONSENT AGENDA (G)

AGENDA TITLE: Acceptance of the City of Aztec Commission’s Monthly Report

ACTION REQUESTED BY: Mayor and City Commissioners



Staff respectfully requests review and acceptance of the City of Aztec Commission’s Monthly Report. This Monthly Update is intended to provide useful and timely updates to our Aztec Community Members, Businesses, Visitors, our area Elected Officials, and our City Coworkers. This Report has been posted to the City’s Website. Transparency – The City of Aztec strives to achieve the highest possible standards of transparency. This “Commission Monthly Report” represents one of the many efforts that the City of Aztec utilizes that far exceeds State and Federal transparency requirements. Our guiding principle, underpinning our approach to transparency, is that all information should be accessible. We understand it is imperative that requests for information get answered, that those requests get answered as quickly as can reasonably be expected and within legal time limits, and that the information provided is accurate. Our commitment to openness and transparency means that we:

· Ensure our decision making processes and governance arrangements are accessible · Make data available to encourage analysis, understanding, and innovation · Listen to our residents to understand what information you would like us to release · Respond to requests for information quickly and comprehensively · Meet State and Federal requirements, but also to seek out opportunities to enhance

transparency further and to remain at the forefront of local government transparency. Thank you for your commitment to transparency and your effective leadership.

PROCUREMENT

None

FISCAL IMPACTS

None

SUPPORT DOCUMENTS: City of Aztec Commission’s Monthly Report

DEPARTMENT’S RECOMMENDED MOTION: Move to Accept Report

Staff Report


AGENDA ITEM: IX. Business Item (A)

AGENDA TITLE: Appointment of 2021 New Mexico Municipal League (NMML) Annual Conference Voting Delegates-Annual Business




Staff respectfully requests the Commission consider and approve the Voting Delegates for the Annual Business Meeting at the 64th NMML Annual Conference in Albuquerque, NM to be held August 31-September 3, 2021. The league has requested that the attached memo be returned to them by August 27, 2021.

· The League has requested that each Municipality appoint a voting delegate and an alternate to participate in the Annual Business Meeting on Thursday.

· Governing Body members who plan to attend this conference are: Mayor Victor Snover, Mayor Pro-Tem Fry, Commissioner Mike Padilla, Commissioner Mark Lewis, and City Manager Paul Eckert.

PROCUREMENT

None

FISCAL IMPACTS

None

SUPPORT DOCUMENTS: Memo from New Mexico Municipal League

DEPARTMENT’S RECOMMENDED MOTION: Move to Approve _____________as the Voting Delegate and ______________as the Alternate Voting Delegate for the 2021 Annual New Mexico Municipal League Business Meeting.

MUNICIPAL CLERKS: PLEASE DISTRIBUTE COPIES TO YOUR ENTIRE GOVERNING BODY

TO: MAYORS/GOVERNING BODY MEMBERS FROM: A.J. Forte, Executive Director

SUBJECT: 2021 ANNUAL CONFERENCE VOTING DELEGATES DATE: August 5, 2021

The 64th Annual Conference of the NM Municipal League will be held August 31st through September 3rd in Albuquerque.

At the Annual Business Meeting on Thursday, September 2nd, a President Elect, Vice President, Treasurer and three Directors-at-Large for a 2-Year Term will be elected. Also, the Annual Statement of Municipal Policy and Annual Resolutions will be adopted.

Each member municipality in good standing that is registered and attending the Annual Conference shall be entitled to one delegate vote in electing officers, deciding municipal policy and voting upon all other questions at the Annual Business Meeting. A municipality in good standing means that at least one-half of the municipality's current League annual dues must have been paid prior to or at the Conference. The vote of the municipality is cast by the Voting Delegate (or in her/his absence, the Alternate) who is selected by the governing body of the municipality.

The Annual Business Meeting will be conducted in accordance with Robert's Rules of Order Revised, and the Annual Business Meeting Rules and Procedures, which shall govern the actions and deliberations of the League membership assembled in convention. Attached for your information are the Policy Process Outline and the Annual Business Meeting Rules and Procedures.

Please place the selection of a Voting Delegate and Alternate on the agenda of your next official governing body meeting. The Voting Delegate and Alternate must be persons planning to attend the Conference. Once they are selected, enter the names and titles of the Voting Delegate and Alternate for your municipality and return this form to the League Office no later than Friday, August 27, 2021.

This is not an official registration form for the Annual Conference for either the Voting Delegate or the Alternate. Delegates must register for the Conference online.

Voting Delegates & Alternates must check in with NMML Staff at the Credential’s Desk at the Conference.

Municipality: Voting Delegate: Title: Alternate: Title: Approved By:

RETURN BY AUGUST 27, 2021 to:

Jackie Portillo, Support Services Coordinator NM Municipal League

P.O. Box 846 – Santa Fe, NM 87504 [email protected] Fax: 505-984-1392

Staff Report


AGENDA ITEM: IX. Business Item (B)

AGENDA TITLE: Overview of City Water and Wastewater Systems

ACTION REQUESTED BY: City Commission

SUMMARY BY: Public Works Director/City Engineer


Staff respectfully requests the Commission accept the oral report of the Public Works Director. The purpose of the report is to provide an overview of both the City of Aztec Water and Wastewater systems. Emphasis will be placed on the City’s water conservation efforts.

PROCUREMENT

None

FISCAL IMPACTS

None

SUPPORT DOCUMENTS: None

DEPARTMENT’S RECOMMENDED MOTION: Move to Accept the oral report regarding the City’s Water and Waste Water systems.