N.M. Admin. Code § 17.4.2.23

Current through Register Vol. 36, No. 1, January 14, 2025

Section 17.4.2.23 - UTILITY RELOCATION/CONSTRUCTION DOCUMENTATION

A complete review of all utility relocation documents shall be performed upon submittal to the Railroads and Utility Section by the utility. The review should demonstrate that the Agreement, Estimate and associated documents comply with State regulations and/or the Federal Aid Policy Guide.

A. Force account: When work will be performed by utility forces, the documentation shall include, 1) three (3) executed copies of the Utility Relocation Agreement, NMSHTD Form A-366; 2) three (3) completed copies of the completed Utility Relocation Questionnaire, NMSHTD Form A-365; 3) four (4) fully executed copies of the New Mexico Highway Utility Accommodation Permit Application, NMSHTD Form M-202 for each crossing and each longitudinal run, five (5) each if on the Interstate System); 4) four (4) executed copies of the Joint Use Agreement (if applicable), NMSHTD Form A-421; and 5) three (3) copies of the cost estimate; (6) three (3) copies of land use documents.

B. Continuing contract work: In addition to items in Paragraph 23.1 [now Subsection A of 17.4.2.23 NMAC], a copy of a fully executed Continuing Contract that is in force and effect, along with appropriate cost estimates associated thereto, shall be provided if work is to be performed by an outside contractor under contract with the utility.

C. Contract let out to bid: If a contract is to be let out to bid to the lowest qualified bidder by the utility, the utility shall provide to the Department three (3) copies of each utility's relocation cost estimate, construction plans and contract documents. Such documents may be prepared by the utility owner or a consultant engineer engaged by the utility.

(1) fWhen the relocation will be let to contract with an ultimate award to the lowest qualified bidder, the utility's engineering staff or a consultant engineer engaged by the utility must prepare a construction plan assembly that provides adequate location plans and profiles, structure installation details, technical specifications, and other plans and details appropriate to the type of facility being relocated. One set of reproducible transparencies of these plans and/or acceptable electronic files shall be provided to the Department.

(2) The consultant or utility shall also prepare a written contract which includes the administrative terms of the contract, definition of the scope of the work, clauses for liquidated damages, clauses for labor relations, materials and construction performance specifications, bidding documents with bid unit tabulation sheets, materials quality certifications, special provisions, if any, and other contractual arrangements, usually assembled in the form of a bound book.

(3) Prior to the advertisement and solicitation of bids, the utility owner shall supply the documents specified above and a list of prospective and qualified contractors to whom the utility has provided information concerning the utility relocation project that will be opened for bids. This documentation will be reviewed and approved by the Department. Prior to the actual solicitation of bids, the Utility must receive the Department's Authority to solicit bids, and an additional written authorization to award the contract after the bid opening. The Department's authorization to award the contract will be based upon the utility owner's written recommendation, stating that the contract is in order, and the amount bid is not excessive for the work to be performed.

D. Utility Relocation As Part of the Highway Construction Project shall be documented as follows:

(1) If the utility relocation is to be performed as part of the NMSHTD Highway Construction Project by the highway contractor, the utility must provide the Department with complete utility relocation construction plans in acceptable electronic and/or hard copy format, adequate enough to include/merge in the highway construction plan assembly. The utility must also provide complete installation specifications, which must be numbered to adhere to the specification numbering system used by the Department, and unit bid tabulations, for insertion in the highway bid units.

(2) Each unit of the bid proposal must be estimated and an overall total obtained so the Department can review the unit cost of each construction item and program the overall utility relocation costs. A contract with a single lump sum bid item, for the total project, is not acceptable to this Department.

(3) Close coordination with the Department's Contracts Specifications Section, and/or the Road, Bridge and Traffic Design Sections will be necessary to integrate the utility relocations into the highway construction project. Two (2) copies of all contract and bid documentation and one (1) set of the utility relocation plans in the form of reproducible transparencies and/or electronic file are required.

N.M. Admin. Code § 17.4.2.23

11/15/96; Recompiled 12/31/01