N.M. Admin. Code § 17.4.2.24

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

Section 17.4.2.24 - UTILITY CONSTRUCTION AUTHORIZATION

After review and approval of the utility relocation documents, authorization to proceed with construction shall be provided by the utility owner. The authorization letter, over the signature of the Department's Railroads and Utilities Section Manager, shall detail the specific authorization being provided, i.e., by Force Account, by lowest qualified bidder, by a contractor under a continuing contract, or authorizing the utility to commence utility relocation in accordance with an approved Lump Sum Agreement between the Department and the utility; a Lump Sum Agreement shall not exceed $100,000.00, unless authorized by the Department or FHWA. On non-reimbursable utility relocations, the Department shall authorize the utility owner to proceed with the relocation by written notice. The coordination between the Department and the utility should be no less than that required for reimbursable utility relocations. All authorizations to relocate shall include an advisory for the utility to coordinate their work with the appropriate District Construction Engineer and other utilities as appropriate. The notice of authorization to proceed with relocation construction to the utility shall also include authorization for the District Construction Engineer to assign an inspector to ensure compatibility of highway features and utility locations. The Department's Railroad and Utility Section Agent shall send a copy of the notice to the District Construction Engineer. (See Paragraph 24.2 [now Subsection B of 17.4.2.24 NMAC]on Inspection.)

A. Verbal authorizations: In urgent or emergency situations, verbal authorizations for the utility construction to commence may be made by the Department. On federal aid projects, concurrence from the FHWA shall be secured and documented by a memo to file prior to authorization. The utility should notify the Railroads and Utilities Section Manager by phone or in writing if the confirmation is not received within ten (10) working days, as undocumented authorizations may preclude reimbursement.

B. Inspection of utility relocations: Utility relocation inspection by the Department and/or the FHWA and the utility owner shall be performed during construction as necessary.

(1) A trained technician from the appropriate District shall be assigned to inspect and verify the labor, materials and equipment used by the utility owner or utility contractor performing the utility relocation construction. The Department's assigned inspector shall assist the utility owner or its contractor in determining the planned location of the utility facilities, as taken from the utility relocation plans. However, it is the sole responsibility of the utility owners for the accuracy of utility relocation work, including, but not limited to, surveying and staking performed by its employees or the utility contractor's employees. It is also the sole responsibility of the utility owner to do all necessary inspections to insure the integrity of utility construction, quality of materials being installed, construction methods, testing, and insure that the work is performed in a good and workmanlike manner.

(2) Periodic inspection of utility relocation work shall be made, as necessary, by the Department's assigned Railroads and Utilities Relocation Agent. The Agent shall also assist the utility owner, as necessary, in defining the highway features shown on highway construction and/or right-of-way plans and in resolving problems the utility may encounter during construction. The Agent shall also assist highway project personnel, as necessary, to interpret utility relocation plans, estimates, agreements and any other utility relocation contract documents.

C. Notification of beginning and completed utility relocation construction: Once the utility has received authorization from the Department to construct, it shall notify the Department, a minimum of three (3) weeks in advance, of the date it will commence utility relocation construction. Such notification by the utility shall be provided on the Department's Form No. A-369, "Acknowledgment of Authority for Utility Construction." Upon completion of the relocation work, the utility owner shall so notify the Department in writing, of the completion.

D. Highway-utility preconstruction conferences: When utility relocation is to be performed concurrent with highway construction, or if the relocation is not completed when the Department's contractor is scheduled to begin highway construction operations, a Utility Preconstruction Conference, either concurrent with the Department's or immediately following, should be held. The conference shall be called by the Department's Highway Project Manager and all affected utilities shall be invited to attend. The scheduling of the utility's relocation work shall be discussed and a sequence of construction developed to assure completion of utility relocation work as expeditiously as possible, without delay or conflict to the Department's Contractor. Any highway contractor delay claims paid by the Department due to unreasonable utility owner or utility contractor actions or inactions shall be reimbursed to the Department by the utility owner. Any such actions or inactions shall be fully documented by Department personnel so as to substantiate reimbursement claims.

N.M. Admin. Code § 17.4.2.24

3/10/71, 11/15/96; Recompiled 12/31/01