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.
