New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 4 - UTILITY RIGHTS OF WAY AND EASEMENTS › Part 2 - REQUIREMENTS FOR OCCUPANCY OF STATE HIGHWAY SYSTEM RIGHT-OF-WAY BY UTILITY FACILITIES › Section 17.4.2.24 - UTILITY CONSTRUCTION AUTHORIZATION

Current through Register Vol. 35, No. 13, July 16, 2024
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.