reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 24 - AUTONOMOUS MOTOR VEHICLES › Part 1 - GENERAL PROVISIONS - DEFINITIONS AND TESTING › Section 18.24.1.10 - LAW ENFORCEMENT INTERACTION PROTOCOL

Current through Register Vol. 35, No. 13, July 16, 2024
A. Prior to testing or operating a fully
				autonomous motor vehicle on New Mexico public roadways without a driver, the
				autonomous motor vehicle owner shall provide the New Mexico department of
				public safety and the New Mexico department of transportation a copy of a law
				enforcement interaction protocol that will instruct first responders in the
				vicinity of the operational design domain how to interact with the fully
				autonomous motor vehicle in emergency and traffic enforcement situations. This
				interaction protocol shall be on file with and available through the New Mexico
				state police.
B. The law
				enforcement interaction protocol shall include:
(1) How to communicate with a fleet support
				specialist who is available during the times the vehicle is in
				operation;
(2) How to safely remove
				the vehicle for the roadway;
(3)
				How to recognize whether the vehicle is in autonomous mode and steps to safely
				ow the vehicle;
(4) A description
				of the cities where the vehicle will be in operation;
(5) Any additional information the
				manufacturer or owner deems necessary regarding hazardous conditions or public
				safety risks associated with the operation of the autonomous motor
				vehicle.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 24 - AUTONOMOUS MOTOR VEHICLES › Part 1 - GENERAL PROVISIONS - DEFINITIONS AND TESTING › Section 18.24.1.11 - LOCATION

Current through Register Vol. 35, No. 13, July 16, 2024
The testing or operations of autonomous motor vehicles shall
				  not be restricted by geographic location or roadway type other than as defined
				  by the automated driving system's operational design domain inclusive of any
				  other restrictive limitations inherent to a vehicle's
				  operation.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 24 - AUTONOMOUS MOTOR VEHICLES › Part 1 - GENERAL PROVISIONS - DEFINITIONS AND TESTING › Section 18.24.1.12 - NOTIFICATION INFORMATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Prior to
				testing or operating a fully autonomous motor vehicle, and in addition to the
				law enforcement interaction protocol, the vehicle owner shall supply the New
				Mexico department of transportation with the following:
(1) owner and business name;
(2) mailing address;
(3) physical address;
(4) contact information including;
(a) business telephone number;
(b) business fax number;
(c) email address;
(5) business type (sole proprietorship,
				partnership, LLP, LLC, corporation);
(6) state where incorporated;
(7) business principal;
(8) upon request, make a list of authorized
				agents and drivers (if applicable);
(a)
				driver's credentials (CDL if applicable);
(b) vehicles being tested
				including:
(c) year;
(d) make;
(e) model;
(f) vehicle identification number
				(VIN).
(9) level of
				automation being tested.
(10)
				operational design domain being test including:
(a) roadway classifications.
(i) freeway;
(ii) highway;
(iii) arterials;
(iv) streets;
(v) unimproved;
(vi) urban;
(vii) rural;
(viii) other - not included above.
(b) environmental limitations:
(i) snow;
(ii) ice;
(iii) limited visibility;
(iv) night driving;
(v) other - not included above.
(c) speeds;
(d) geo-fencing.
(11) description of the minimal risk
				condition for system failure.
(12)
				location or areas testing will occur.
(13) dates and frequency of
				testing.
(14) level of autonomous
				being tested.
(15) demonstration of
				having an instrument of insurance, surety bond, or proof of self insurance in
				an amount of at least $5 million.
(16) proof of registration and licensing for
				each autonomous motor vehicle being tested and operated.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 24 - AUTONOMOUS MOTOR VEHICLES › Part 1 - GENERAL PROVISIONS - DEFINITIONS AND TESTING › Section 18.24.1.13 - PROCEDURES TO BE FOLLOWED BY THE DEPARTMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. The department will make available on
				on-line information and notification form for submitting the information
				required in Subsection A of 18.24.1.12 NMAC.
B. Upon submittal of the required information
				the notifier will receive an acknowledgment receipt form the department. If a
				person fails to submit that notification required under 18.24.1.12 NMAC, the
				New Mexico department of transportation has the authority to immediately issue
				a cease and desist letter suspending operation of the autonomous vehicle on New
				Mexico's public roads, until the notification has been submitted.
C. The department will maintain a database of
				current autonomous motor vehicle testing occurring in New Mexico.
D. The database will include information that
				is self-reported by the registered autonomous motor vehicle owner.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 24 - AUTONOMOUS MOTOR VEHICLES › Part 1 - GENERAL PROVISIONS - DEFINITIONS AND TESTING › Section 18.24.1.14 - FEES

Current through Register Vol. 35, No. 13, July 16, 2024
It will be the responsibility of the autonomous vehicle owner
				  to pay all necessary registration, titling, and licensing fees as required
				  under all other relevant regulations specific to motor vehicle registration
				  titling and licensing.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 27 - HIGHWAY CONSTRUCTION GENERAL PROVISIONS › Part 2 - DIVISION 100-GENERAL PROVISIONS STANDARD SPECIFICATIONS FOR HIGHWAY AND BRIDGE CONSTRUCTION › Section 18.27.2.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Department of Transportation, P.O. Box 1149, Santa
				  Fe, New Mexico 87504-1149.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 27 - HIGHWAY CONSTRUCTION GENERAL PROVISIONS › Part 2 - DIVISION 100-GENERAL PROVISIONS STANDARD SPECIFICATIONS FOR HIGHWAY AND BRIDGE CONSTRUCTION › Section 18.27.2.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All agencies, the general public and highway construction
				  contractors.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 27 - HIGHWAY CONSTRUCTION GENERAL PROVISIONS › Part 2 - DIVISION 100-GENERAL PROVISIONS STANDARD SPECIFICATIONS FOR HIGHWAY AND BRIDGE CONSTRUCTION › Section 18.27.2.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Sections 9-5-1,
				  13-1-99,
				  13-1-170,
				  13-1-174,
				  67-3-8,
				  67-3-11 and
				  67-3-43,
				  NMSA 1978.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 27 - HIGHWAY CONSTRUCTION GENERAL PROVISIONS › Part 2 - DIVISION 100-GENERAL PROVISIONS STANDARD SPECIFICATIONS FOR HIGHWAY AND BRIDGE CONSTRUCTION › Section 18.27.2.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
May 31, 2013, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 27 - HIGHWAY CONSTRUCTION GENERAL PROVISIONS › Part 2 - DIVISION 100-GENERAL PROVISIONS STANDARD SPECIFICATIONS FOR HIGHWAY AND BRIDGE CONSTRUCTION › Section 18.27.2.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of this regulation, Division 100-General
				  Provisions Standard Specifications for Highway and Bridge Construction, is to
				  implement and enforce Division 100 of the
New Mexico department of
				  transportation 2019 standard specifications for highway and bridge construction
				  as replacement to the 2013 edition of the standard specifications for highway
				  and bridge construction
, and shall be controlling for all projects
				  advertised and all contracts executed after the date this rule is promulgated
				  by the New Mexico department of transportation and duly filed in the state
				  records center.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 27 - HIGHWAY CONSTRUCTION GENERAL PROVISIONS › Part 2 - DIVISION 100-GENERAL PROVISIONS STANDARD SPECIFICATIONS FOR HIGHWAY AND BRIDGE CONSTRUCTION › Section 18.27.2.8 - ADOPTION OF THE NEW MEXICO DEPARTMENT OF TRANSPORTATION 2019 STANDARD SPECIFICATIONS FOR HIGHWAY AND BRIDGE CONSTRUCTION

Current through Register Vol. 35, No. 13, July 16, 2024
This rule adopts by reference Division 100-General Provisions
				  of the
New Mexico department of transportation 2019 standard
				  specifications for highway and bridge construction as replacement to the 2013
				  edition of standard specifications for highway and bridge
				  construction.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 27 - HIGHWAY CONSTRUCTION GENERAL PROVISIONS › Part 3 - LOCAL GOVERNMENT ROAD FUND GUIDELINES FOR WAIVER OF LOCAL ENTITIES MATCHING FUNDS DUE TO FINANCIAL HARDSHIP › Section 18.27.3.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico State Highway and Transportation Department
Post Office Box 1149 Santa Fe, New Mexico 87504-1149 (505)
				  827-5498
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 27 - HIGHWAY CONSTRUCTION GENERAL PROVISIONS › Part 3 - LOCAL GOVERNMENT ROAD FUND GUIDELINES FOR WAIVER OF LOCAL ENTITIES MATCHING FUNDS DUE TO FINANCIAL HARDSHIP › Section 18.27.3.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule covers all Counties, Municipalities or entities
				  experiencing financial hardship.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 27 - HIGHWAY CONSTRUCTION GENERAL PROVISIONS › Part 3 - LOCAL GOVERNMENT ROAD FUND GUIDELINES FOR WAIVER OF LOCAL ENTITIES MATCHING FUNDS DUE TO FINANCIAL HARDSHIP › Section 18.27.3.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
NMSA 1978, Section
				  67-3-11,
				  67-3-28
				  and
				  67-3-28.2.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 27 - HIGHWAY CONSTRUCTION GENERAL PROVISIONS › Part 3 - LOCAL GOVERNMENT ROAD FUND GUIDELINES FOR WAIVER OF LOCAL ENTITIES MATCHING FUNDS DUE TO FINANCIAL HARDSHIP › Section 18.27.3.4 - DURATION

Current through Register Vol. 35, No. 13, July 16, 2024
Permanent.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 27 - HIGHWAY CONSTRUCTION GENERAL PROVISIONS › Part 3 - LOCAL GOVERNMENT ROAD FUND GUIDELINES FOR WAIVER OF LOCAL ENTITIES MATCHING FUNDS DUE TO FINANCIAL HARDSHIP › Section 18.27.3.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
November 30, 1998, unless a later date is cited at the end of
				  a section or paragraph.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 27 - HIGHWAY CONSTRUCTION GENERAL PROVISIONS › Part 3 - LOCAL GOVERNMENT ROAD FUND GUIDELINES FOR WAIVER OF LOCAL ENTITIES MATCHING FUNDS DUE TO FINANCIAL HARDSHIP › Section 18.27.3.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The New Mexico Legislature occasionally provides a certain
				  amount of Local Government Road Funds to be used by the State Highway and
				  Transportation Department in place of normally required Local Government
				  Matching Funds for Cooperatives, School Bus Routes, Municipal Arterial or
				  County Arterial Projects, in any given fiscal year, in the event of financial
				  hardship by an eligible entity as determined by the Secretary of the State
				  Highway and Transportation Department and as authorized by the State Highway
				  Commission.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 27 - HIGHWAY CONSTRUCTION GENERAL PROVISIONS › Part 3 - LOCAL GOVERNMENT ROAD FUND GUIDELINES FOR WAIVER OF LOCAL ENTITIES MATCHING FUNDS DUE TO FINANCIAL HARDSHIP › Section 18.27.3.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Commission"
				means State Highway Commission.
B.
				"Department" means New Mexico State Highway and Transportation
				Department.
C. "DFA" means
				Department of Finance & Administration.
D. "LGRF" means Local Government Road
				Fund.
E. "Secretary" means Cabinet
				Secretary of the New Mexico State Highway and Transportation
				Department.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 27 - HIGHWAY CONSTRUCTION GENERAL PROVISIONS › Part 4 - GUIDELINES FOR PURCHASE OF SURPLUS EQUIPMENT VIA LOCAL GOVERNMENT ROAD FUNDS › Section 18.27.4.1 - 18 NMAC 27.4.1 ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico State Highway and Transportation
Department Post Office Box 1149 Santa Fe, New Mexico
				  87504-1149 (505) 827-5587.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 27 - HIGHWAY CONSTRUCTION GENERAL PROVISIONS › Part 4 - GUIDELINES FOR PURCHASE OF SURPLUS EQUIPMENT VIA LOCAL GOVERNMENT ROAD FUNDS › Section 18.27.4.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This provides guidelines on the expenditure of funds in the
				  Local Government
Road Fund for the purchase of New Mexico State Highway and
				  Transportation Department surplus
equipment for all counties, municipalities or entities who
				  demonstrate financial hardship.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 27 - HIGHWAY CONSTRUCTION GENERAL PROVISIONS › Part 4 - GUIDELINES FOR PURCHASE OF SURPLUS EQUIPMENT VIA LOCAL GOVERNMENT ROAD FUNDS › Section 18.27.4.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
NMSA 1978, Section
				  67-3-28.2.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 27 - HIGHWAY CONSTRUCTION GENERAL PROVISIONS › Part 4 - GUIDELINES FOR PURCHASE OF SURPLUS EQUIPMENT VIA LOCAL GOVERNMENT ROAD FUNDS › Section 18.27.4.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
November 30, 1998, unless a later date is cited at the end of
				  a section or paragraph.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 27 - HIGHWAY CONSTRUCTION GENERAL PROVISIONS › Part 4 - GUIDELINES FOR PURCHASE OF SURPLUS EQUIPMENT VIA LOCAL GOVERNMENT ROAD FUNDS › Section 18.27.4.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To allow qualified entities up to $25,000 to purchase surplus
				  equipment that would not otherwise be available due to financial
				  hardship.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 27 - HIGHWAY CONSTRUCTION GENERAL PROVISIONS › Part 4 - GUIDELINES FOR PURCHASE OF SURPLUS EQUIPMENT VIA LOCAL GOVERNMENT ROAD FUNDS › Section 18.27.4.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Commission"
				means State Highway Commission.
B.
				"Department" means New Mexico State Highway and Transportation
				Department.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 27 - HIGHWAY CONSTRUCTION GENERAL PROVISIONS › Part 5 - CONTRACTOR PREQUALIFICATION RULE › Section 18.27.5.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
The New Mexico department of transportation, PO Box 1149,
				  Santa Fe, New Mexico, 87504-1149.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 27 - HIGHWAY CONSTRUCTION GENERAL PROVISIONS › Part 5 - CONTRACTOR PREQUALIFICATION RULE › Section 18.27.5.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to the New Mexico department of
				  transportation construction projects and to all contractors and subcontractors
				  seeking or anticipating the performance of work within project
				  limits.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 27 - HIGHWAY CONSTRUCTION GENERAL PROVISIONS › Part 5 - CONTRACTOR PREQUALIFICATION RULE › Section 18.27.5.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section
				  13-1-82
				  NMSA 1978 13-1-133 to -134 NMSA 1978, 67-3-2, 67-3-11, 67-3-14, and 67-3-43
				  NMSA 1978,
				  23 USC Section
				  112(b), 23 CFR Sections
				  635.110 and 635.114.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 27 - HIGHWAY CONSTRUCTION GENERAL PROVISIONS › Part 5 - CONTRACTOR PREQUALIFICATION RULE › Section 18.27.5.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
June 8, 2021, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 27 - HIGHWAY CONSTRUCTION GENERAL PROVISIONS › Part 5 - CONTRACTOR PREQUALIFICATION RULE › Section 18.27.5.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To establish policies and procedures for a determination of
				  responsibility through a contractor prequalification system that directly
				  rewards good performers and encourages poor performers to
				  improve.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 27 - HIGHWAY CONSTRUCTION GENERAL PROVISIONS › Part 5 - CONTRACTOR PREQUALIFICATION RULE › Section 18.27.5.8 - PREQUALIFICATION PROCEDURE

Current through Register Vol. 35, No. 13, July 16, 2024
To obtain prequalified status, the current version of the
				  prequalification packet must be obtained from the office of inspector general
				  through use of the department website. Each contractor and subcontractor
				  seeking to become prequalified shall submit its prequalification packet and any
				  supporting information to the department's office of inspector general as
				  indicated in the prequalification packet. Untimely, incomplete and
				  non-conforming packets will not be processed.
A. Prequalified status will be granted upon
				the approval of a timely, complete and conforming prequalification packet by
				the office of inspector general.
B.
				An untimely, incomplete, or nonconforming packet will result in delays
				affecting prequalification status and will negatively impact the prime
				contractor's ability to bid on New Mexico department of transportation
				projects.
(1) Obtaining prequalified status is
				a condition to submitting a bid. Prime contractors submitting a new
				prequalification packet or renewal prequalification packet must be approved no
				later than seven calendar days before the opening of any bid.
(2) A prime contractor's submitting a bid
				without timely obtaining prequalified status shall result in a determination
				that its bid is non-responsive and the bid shall be rejected.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 27 - HIGHWAY CONSTRUCTION GENERAL PROVISIONS › Part 5 - CONTRACTOR PREQUALIFICATION RULE › Section 18.27.5.9 - DEFICIENT, FALSE OR MISLEADING STATEMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Any deficient, deceptive, false, fraudulent or misleading
				  statements in the prequalification packet or incomplete affidavit may subject
				  the offending party to an automatic rejection or revocation of prequalified
				  status, suspension, debarment proceedings or other civil and criminal penalties
				  under the department rules and may be reported to the New Mexico attorney
				  general and the federal highway administration for further
				  action.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 27 - HIGHWAY CONSTRUCTION GENERAL PROVISIONS › Part 5 - CONTRACTOR PREQUALIFICATION RULE › Section 18.27.5.10 - LICENSING

Current through Register Vol. 35, No. 13, July 16, 2024
Only contractors licensed in New Mexico may perform highway
				  construction work for the department. The timing and requirements for licensure
				  appear in the invitation for bids for the project. All persons seeking
				  additional information should refer to the New Mexico CID rules and regulations
				  and the Construction Industries Licensing Act. Contractors are not required to
				  have the necessary construction industry licenses to submit a prequalification
				  packet.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 27 - HIGHWAY CONSTRUCTION GENERAL PROVISIONS › Part 5 - CONTRACTOR PREQUALIFICATION RULE › Section 18.27.5.11 - PREQUALIFICATION CALCULATION

Current through Register Vol. 35, No. 13, July 16, 2024
Prequalification calculations shall only be applied to those
				  prequalification projects, which the contractor performed pursuant to a
				  contract with the department and obtained prequalification project closure
				  status documented by a completed compass form. The department will gather prime
				  contractor performance data from each prequalification project upon
				  prequalification project closure. The data collected will be used to calculate
				  a yearly prequalification factor. The department may apply prequalification
				  factor rolling average calculations as a responsibility evaluation to evaluate
				  prime contractor bids for award of department projects, as indicated in the
				  invitation for bids.
A. The
				performance factors are claims, disincentives, liquidated damages,
				non-conformance, and safety.
(1) Pf claim data
				will be documented on the compass form and will be collected from the
				department's closed project records.
(2) Pf disincentive data will be documented
				on the compass form and will be collected from the department's closed project
				records indicating whether disincentives were assessed based on calculations in
				the applicable standard specifications.
(3) Pf liquidated damages data will be
				documented on the compass form and will be collected from the department's
				closed project records indicating whether liquidated damages were
				assessed.
(4) Pf non-conformance
				data will be documented on the compass form and will be collected from the
				department's closed project records indicating whether non-conformances were
				assessed.
(5) Pf safety data will
				be the contractor's experience modifier rating as reported on its
				prequalification packet.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 27 - HIGHWAY CONSTRUCTION GENERAL PROVISIONS › Part 5 - CONTRACTOR PREQUALIFICATION RULE › Section 18.27.5.12 - POSTING, REVIEW AND APPLICATION OF PREQUALIFICATION FACTOR

Current through Register Vol. 35, No. 13, July 16, 2024
The following procedures will apply to the posting, review
				  and application of the prequalification factor:
A. The Pqfra will be calculated once a year
				on prequalification projects closed between March first of the previous year
				and the last calendar day in February of the current year.
B. The Pqfra will be posted on the
				department's website, in the office of inspector general document titled
				prequalified contractors and subcontractors list, by the second Friday in
				March.
C. The Pqfra will be applied
				to a prime contractor's bid(s) for prequalification projects in accordance with
				the invitation for bids beginning with the May bid opening until superseded by
				an updated Pqfra
D. The Pqfra may
				be used to determine the modified bid amount.
E. A Pqfra may be re-calculated and reposted
				at times other than the second Friday in March in order to implement the
				decision of a hearing officer, a court order or a required
				correction.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 27 - HIGHWAY CONSTRUCTION GENERAL PROVISIONS › Part 5 - CONTRACTOR PREQUALIFICATION RULE › Section 18.27.5.13 - ADMINISTRATIVE REVIEW

Current through Register Vol. 35, No. 13, July 16, 2024
This section governs the exclusive administrative review
				  procedure and remedy to address prequalification calculations performed under
				  18.27.11 NMAC.
A. To protest the
				department's application of a prequalification score to a bid, the contractor
				must follow the bidding dispute resolution procedures in the current edition of
				the
New Mexico Department of Transportation Standard Specifications for
				Highway and Bridge Construction
, section 103.3.
B. Administrative review of a
				prequalification calculation is available only for a contractor seeking
				reconsideration of its own score. The department shall reject a request for
				administrative review of another contractor's score.
C. To be considered by the department, a
				request for administrative review shall strictly conform in timing form and
				service of filing as provided in this section. Any request for administrative
				review that does not comply with these directives may be rejected and deemed
				denied.
(1) Form: the request shall be in
				writing. The request shall include a plain statement of the issue, grounds for
				reconsideration, and requested relief.
(2) Timing: The request for review shall be
				served within 10 days of the date the office of inspector general posts the
				prequalified contractors and subcontractors list.
(3) Service: A request shall be served on the
				department cabinet secretary with a contemporaneous copy provided to the office
				of inspector general and the office of general counsel at the respective
				address for each.
(a) A request may be served
				in person, by certified mail, return receipt requested, or by delivery by a
				nationally recognized courier. Service cannot be perfected and the department
				shall not consider requests made by electronic mail or facsimile.
(b) Service shall be made during the
				department's normal business hours. Any service made after business hours will
				be considered effective the next business day.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 27 - HIGHWAY CONSTRUCTION GENERAL PROVISIONS › Part 5 - CONTRACTOR PREQUALIFICATION RULE › Section 18.27.5.14 - PREQUALIFICATION COMMITTEE

Current through Register Vol. 35, No. 13, July 16, 2024
Members of the prequalification committee will be designated
				  by the department's cabinet secretary and shall meet annually to review the
				  prequalification process. Any information reported by a prime contractor or
				  subcontractor during the prequalification process may be reviewed by the
				  prequalification committee to determine responsibility. The cabinet secretary
				  has the exclusive authority to determine the department threshold applicable to
				  project lettings. The committee may make recommendations to the cabinet
				  secretary for adjusting the department threshold for application of Pqfra to
				  project bid lettings.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 27 - HIGHWAY CONSTRUCTION GENERAL PROVISIONS › Part 5 - CONTRACTOR PREQUALIFICATION RULE › Section 18.27.5.15 - PREQUALIFICATION FOR CONSOLIDATED CORPORATIONS, MERGED CORPORATIONS, AND JOINT VENTURES

Current through Register Vol. 35, No. 13, July 16, 2024
The following prequalification packet procedure and Pqfra
				  will apply to consolidated corporations, merged corporations and joint
				  ventures:
A. For a consolidated or
				merged corporation pursuant to Section
				53-14-6
				NMSA 1978, or a similar statutory provision, the new corporation must be
				prequalified no later than seven calendar days before the opening of any bid.
				The Pqfra score of the surviving corporation will be the highest Pqfra of the
				individual corporations.
B. Each
				prime contractor participating in the joint venture must be individually
				prequalified seven calendar days before bid opening to join forces as a joint
				venture for bidding and performing work related to a single project. The joint
				venture itself need not prequalify.
(1) The
				joint venture shall file with the office of inspector general at least seven
				calendar days before the opening of any bid a completed statement of joint
				venture form. The most current version of the statement of joint venture form
				must be obtained from the New Mexico department of transportation
				website.
(2) For joint ventures the
				higher value of all joint venture applicant's Pqfra will be used for the
				modified bid amount.
(3) Each prime
				contractor participating in the joint venture will receive a compass form for
				the project to be used in calculating the prime contractor's individual
				prequalification factor.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 27 - HIGHWAY CONSTRUCTION GENERAL PROVISIONS › Part 5 - CONTRACTOR PREQUALIFICATION RULE › Section 18.27.5.16 - ADOPTION OF THE NEW MEXICO STATE DEPARTMENT OF TRANSPORTATION CURRENT EDITION OF THE STANDARD SPECIFICATIONS FOR HIGHWAY AND BRIDGE CONSTRUCTION

Current through Register Vol. 35, No. 13, July 16, 2024
This rule adopts by reference the current edition of the
				  NewMexico Department of Transportation Standard Specifications for Highway and
				  Bridge Construction, as amended by this rule.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 27 - HIGHWAY CONSTRUCTION GENERAL PROVISIONS › Part 6 - TRANSPORTATION PROJECT FUND › Section 18.27.6.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico department of transportation, Post Office Box
				  1149, Santa Fe, New Mexico 87504-1149.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 27 - HIGHWAY CONSTRUCTION GENERAL PROVISIONS › Part 6 - TRANSPORTATION PROJECT FUND › Section 18.27.6.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule covers the application, evaluation, award and close
				  out process for the transportation project fund (the fund) and all eligible
				  entities in the state of New Mexico applying for and receiving grant money from
				  the fund.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 27 - HIGHWAY CONSTRUCTION GENERAL PROVISIONS › Part 6 - TRANSPORTATION PROJECT FUND › Section 18.27.6.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Sections
				  67-3-11,
				  67-3-28
				  and
				  67-3-78
				  NMSA 1978.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 27 - HIGHWAY CONSTRUCTION GENERAL PROVISIONS › Part 6 - TRANSPORTATION PROJECT FUND › Section 18.27.6.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
April 20, 2021 unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 27 - HIGHWAY CONSTRUCTION GENERAL PROVISIONS › Part 6 - TRANSPORTATION PROJECT FUND › Section 18.27.6.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
A. In 2019, the New
				Mexico legislature enacted Laws of 2019, Chapter 205, Section 1, which created
				the local government transportation project fund and was compiled as Section
				67-3-78
				NMSA 1978. In 2020, the New Mexico legislature enacted Laws of 2020, Chapter
				31, Section 1, which made certain amendments to the local government
				transportation project fund enabling statute including changing the title of
				the fund to simply "transportation project fund." Money in the transportation
				project fund is appropriated to the New Mexico department of transportation to
				administer the fund and to make grants to eligible entities for transportation
				projects.
B. The purpose of this
				rule is to describe the application, evaluation, award, and close out processes
				to be administered by the department for money appropriated to the fund by the
				New Mexico legislature for the development of transportation
				infrastructure.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 27 - HIGHWAY CONSTRUCTION GENERAL PROVISIONS › Part 6 - TRANSPORTATION PROJECT FUND › Section 18.27.6.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
As used in this rule:
A.
"Annual appropriation"
means
				the annual amount of state funds appropriated to the fund by the
				legislature.
B.
"Beautification project"
means a landscape project that is
				intended to enhance the attractiveness of a public right-of-way or a
				transportation facility.
C.
"Commission"
means the state transportation commission.
D.
Definitions beginning with
				"D":
(1)
"Department" means the
				New Mexico department of transportation.
(2)
"DFA"
means the department
				of finance and administration of the state of New Mexico.
(3)
"Directive"
is a written
				communication that prescribes or establishes policy, organization, methods,
				procedures, requirements, guidelines, or delegations of authority. It also
				provides information essential to the administration or operation of the
				fund.
(4)
"District"
means one of the six New Mexico department of transportation
				districts.
(5)
"District
				engineer"
means the department of transportation district engineer as
				designated pursuant to Subsection C of Section
				67-3-8
				NMSA 1978.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 27 - HIGHWAY CONSTRUCTION GENERAL PROVISIONS › Part 6 - TRANSPORTATION PROJECT FUND › Section 18.27.6.9 - CALL FOR PROJECTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				department will invite eligible entities to submit applications for grants from
				the fund for transportation projects by a call for projects letter using a
				two-phase application process. The first phase will consist of a request to
				submit a project feasibility form. Submittal of the project feasibility form is
				mandatory in order to be eligible to submit a full application in the second
				phase. If a project is determined to be feasible, phase two will consist of a
				request for the eligible entity to submit a completed project application. Any
				specific criteria applicable to the funding cycle will be specified in the call
				for projects. Applications for program funds shall conform to the application
				instructions described in the call for projects or the phase two request. Any
				procedures, requirements, conditions, restrictions, and limitations applicable
				to the funding cycle other than those contained in this rule will be specified
				in the call for projects or the phase two application request.
B. The completed phase one feasibility form
				must be submitted to the appropriate MPO or RTPO based on a project's physical
				location on or before the date specified in the call for projects. Failure to
				timely submit the required project feasibility form as required in the call for
				projects will result in the eligible entity being ineligible for funding in the
				funding cycle.
C. The completed
				project application must be submitted to the same MPO or RTPO where the project
				feasibility form was submitted unless otherwise instructed in writing by the
				department. Failure to timely submit the phase two project application will
				result in the eligible entity being ineligible for funding in the funding
				cycle.
D. An incomplete project
				feasibility form or project application will be rejected and will not be
				considered for funding in the funding cycle unless amended or corrected on or
				before the date specified in the call for projects.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 27 - HIGHWAY CONSTRUCTION GENERAL PROVISIONS › Part 6 - TRANSPORTATION PROJECT FUND › Section 18.27.6.10 - FINANCIAL HARDSHIP

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Eligible entities may request a waiver of their share in whole or in part due
				to financial hardship. Waiver requests with supporting documentation shall be
				submitted to the department's division or bureau designated in the call for
				projects.
B. If the eligible
				entity's application is accepted, the eligible entity shall submit a resolution
				or certification indicating that it cannot match all or a portion of its share.
				The resolution or certification shall be signed by the appropriate eligible
				entity official(s).
C. The
				department will request from the DFA's local government division a financial
				analysis and recommendation on a financial hardship request submitted by a
				county or municipality. The department will conduct the financial analysis if a
				waiver request is made by a tribe. The eligible entity shall cooperate with any
				request to provide necessary financial documents or other information requested
				by DFA or the department in conjunction with a financial analysis. Failure to
				do so will result in a denial of the waiver request.
D. If a wavier is granted, the eligible
				entity must request an amendment to its grant agreement.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 27 - HIGHWAY CONSTRUCTION GENERAL PROVISIONS › Part 6 - TRANSPORTATION PROJECT FUND › Section 18.27.6.12 - APPLICATION REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Applicants must submit the following documents (as a single
				  PDF) as part of the application process:
A. Completed application: The format and
				content of the application will be determined by the department.
B. Resolution of sponsorship from their
				governing body, indicating the availability of the proposed match. Subject to
				any local restrictions, the resolution may provide that the applicant's chief
				executive or other appropriate officer is authorized to sign the grant
				agreements and all associated documents and amendments on behalf of the
				eligible entity as required for receipt of the grant. Alternatively, the
				applicant may submit an official letter signed by the applicant's chief
				executive or official with budget authority, indicating the availability of the
				match.
C. Detailed map of project
				location.
D. If applicable, letters
				of support from the governmental entity that owns in fee simple or possesses a
				perpetual easement for the project right-of-way (ROW) if the applying applicant
				does not own in fee simple or possess a perpetual easement for all of the
				project ROW.
E. If applicable, a
				letter of approval or authorization from the district engineer.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 27 - HIGHWAY CONSTRUCTION GENERAL PROVISIONS › Part 6 - TRANSPORTATION PROJECT FUND › Section 18.27.6.13 - EVALUATION PROCESS

Current through Register Vol. 35, No. 13, July 16, 2024
Each MPO/RTPO will be evaluating and ranking projects based
				  on the specific merits of the individual projects using the evaluation criteria
				  specified in the call for projects.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 27 - HIGHWAY CONSTRUCTION GENERAL PROVISIONS › Part 6 - TRANSPORTATION PROJECT FUND › Section 18.27.6.14 - AGREEMENT CONDITIONS, REQUIREMENTS AND PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
A. The eligible entity must expend and
				account for grant funds in accordance with state laws and procedures for
				expending and accounting for its own funds.
B. If an eligible entity commences
				performance on a transportation infrastructure project but fails to complete
				the project, the department may seek reimbursement of the grant award received
				by the eligible entity for that project.
C. The department shall have the right to
				evaluate the activities of eligible entity as necessary to ensure grant awards
				are used for authorized purposes in compliance with applicable laws,
				regulations and the provisions of the grant agreement.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 27 - HIGHWAY CONSTRUCTION GENERAL PROVISIONS › Part 6 - TRANSPORTATION PROJECT FUND › Section 18.27.6.15 - DESIGN/BIDDING/CONSTRUCTION

Current through Register Vol. 35, No. 13, July 16, 2024
A. A transportation
				project that is located in full or in part within a department right-of-way or
				NHS route eligible entity must be administered in accordance with the
				"
Tribal/Local Public Agency Handbook
".
B. A transportation project that ties into or
				crosses a department right-of-way or an NHS route, or when the project may have
				an effect on existing improvements within department rights-of-way, requires
				the approval of the department as evidenced by either a letter of approval or
				letter of authorization from the district engineer for the district where the
				project is located. The eligible entity shall contact the appropriate district
				engineer to determine if either is needed for the project. The district
				engineer will conduct a review of the project and determine whether the project
				requires a letter of approval or a letter of authorization from the department.
				If the district engineer determines the project does not require a letter of
				authorization, the district engineer, or designee, will submit a letter of
				approval to the eligible entity. If the district engineer determines the
				project requires a letter of authorization, the eligible entity must enter into
				a project agreement with the department before any grant funding will be
				distributed. The eligible entity shall cause the project to be constructed in
				compliance with any and all department designated standards, conditions and
				criteria as specified in the project agreement.
C. For transportation projects funded
				entirely by the fund, or in combination with local funds, and no Federal-aid
				funds are involved, the following apply:
(1)
				It will be the eligible entity's responsibility to ensure compliance with any
				and all state, local and federal regulations including the Americans with
				Disabilities Act (ADA) and laws regarding noise ordinances, air quality,
				surface water quality, ground water quality, threatened and endangered species,
				hazardous materials, historic and cultural properties, and cultural resources.
				The department will not be involved in permit preparation, review, or
				coordination with the regulatory agencies. However, the eligible entity shall
				provide to the district where the project is located a copy of any permit
				identified by the department in the project feasibility form.
(2) Projects on locally owned roadways are to
				be designed in accordance with the eligible entity's established design
				standards. The eligible entity is responsible for ensuring that the plans,
				specifications and estimates meet applicable design criteria and standards. The
				department will not perform any detailed technical reviews of project design
				and related documents.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 27 - HIGHWAY CONSTRUCTION GENERAL PROVISIONS › Part 6 - TRANSPORTATION PROJECT FUND › Section 18.27.6.16 - PROJECT EVALUATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				eligible entity's performance and administration of the grant funding will be
				reviewed and evaluated by the department at the completion of the project or,
				if the eligible entity fails to complete the project, following the close of
				the fiscal year in which the project was to be completed. If an eligible entity
				demonstrates, pursuant to the criteria set forth in subsection B below, an
				inability to properly administer a project a reduction of twenty five percent
				will be applied to the scoring criteria applicable to the eligible entity's
				next project application.
B. The
				following criteria shall be used in determining the ability of an eligible
				entity to properly administer a project:
(1)
				whether the eligible entity demonstrated a pattern of unsatisfactory project
				implementation and completion;
(2)
				whether the eligible entity has failed to keep all required books, make all
				requested reports, and conform to all rules and regulations adopted by DFA's
				local government division, financial management bureau applicable to the
				grant;
(3) whether the eligible
				entity fails the complete the project within the allotted time; or
(4) whether the department obtains
				documentation through an audit or audits that finds the eligible entity has not
				performed in accordance with the terms of the grant agreement, the standards
				set forth in the grant agreement, in accordance with generally accepted
				governmental accounting principles, or failed to comply with any and all state,
				local and federal regulations including the Americans with Disabilities Act
				(ADA) and laws regarding noise ordinances, air quality, surface water quality,
				ground water quality, threatened and endangered species, hazardous materials,
				historic and cultural properties, and cultural resources.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 27 - HIGHWAY CONSTRUCTION GENERAL PROVISIONS › Part 6 - TRANSPORTATION PROJECT FUND › Section 18.27.6.17 - PROJECT DOCUMENTATION

Current through Register Vol. 35, No. 13, July 16, 2024
The eligible entity shall maintain a complete set of project
				  files for a period of not less than five years following the completion of the
				  project. The project files shall contain all documents that are specified as
				  required by the grant agreement.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 27 - HIGHWAY CONSTRUCTION GENERAL PROVISIONS › Part 6 - TRANSPORTATION PROJECT FUND › Section 18.27.6.18 - PROJECT MONITORING AND CLOSE OUT

Current through Register Vol. 35, No. 13, July 16, 2024
A. The department reserves the right to
				request the eligible entity to submit progress reports at any time. Reports are
				due within 30 days of such a request.
B. Within 60 days after the date of
				completion of the project, the eligible entity must submit a written
				certification that it has complied with the requirements of this rule and the
				grant agreement.
C. The department
				reserves the right to request the eligible entity to submit additional
				documentation to demonstrate completion of the terms and conditions required by
				the grant program. It is the responsibility of the eligible entity to comply in
				full with all such requests and to submit the requested documentation in a
				timely manner.
D. Financial audits
				of the project may be required. Financial audits do not limit the authority of
				the department to conduct or arrange for additional audits, reviews, and
				evaluations. The eligible entity must make records available for review or
				audit upon request by the department. The department is entitled to recover
				amounts based on the results of an audit.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 28 - HIGHWAY CONTRACTING AND BIDDING › Part 3 - SELECTION COMMITTEE FOR QUALIFICATIONS BASED PROPOSALS › Section 18.28.3.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Department of Transportation, P.O. Box 1149 Santa
				  Fe, New Mexico 87504-1149.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 28 - HIGHWAY CONTRACTING AND BIDDING › Part 3 - SELECTION COMMITTEE FOR QUALIFICATIONS BASED PROPOSALS › Section 18.28.3.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Subsection D of 13-1-121 NMSA 1978.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 28 - HIGHWAY CONTRACTING AND BIDDING › Part 3 - SELECTION COMMITTEE FOR QUALIFICATIONS BASED PROPOSALS › Section 18.28.3.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 11, 2017, unless a later date is cited at the end of a
				  section.