Section 4: Emergency Adjustment
Anchor: #i1004193Overview
If an unknown, apparently reimbursable utility facility is discovered or an extenuating circumstance is encountered which requires adjustment to clear the way for construction, an Emergency Work Authorization - Post-Highway Letting, (ROW-U-EWA) should be used. An example of an extenuating circumstance during highway construction could be the severing of a fiber-optic line during boring. In this case, actual physical adjustment of utilities may or may not be permitted by TxDOT.
Under no circumstances shall remedial measures be delayed in order to seek approval when the situation places the public’s health, safety, or welfare at risk; such remedial measures should be implemented immediately, followed immediately on the next working day by notifying the appropriate TxDOT division and preparing the appropriate plans and agreements.
Anchor: #i1004208Procedure
The District should submit the Emergency Work Authorization along with the following data:
- the unusual situation necessitating the request;
- highway station limits
- estimated eligibility ratio;
- the utility’s compensable interest at the adjustment site;
- the date of FHWA Alternate Procedure approval, if applicable;
- total estimated cost of adjustment;
- estimated submission date of utility agreement; and
- estimated date of adjustment completion.
In addition to the above requirements, the Emergency Work Authorization must show the estimated amount of contractor damages if the utility were not adjusted.
An authorized company representative must sign the Emergency Work Authorization.
In addition to the above requirements, ROW Division must have granted a Full Right of Way Release or a Limited Release for Utility Work for the project. In addition, FHWA authorization must have been granted when Federal-aid in right of way is involved.
If construction requirements do not permit the delay necessary to secure advance approval in writing, approval by e-mail may be obtained, and thereafter immediately followed by written confirmation, as in the process necessary regarding a field change.
ROW Division will enter a “U” number if approved by the ROW Division Director. The issuance of the “U” number establishes the date at which TxDOT may participate in utility adjustment costs and authorizes the utility to begin incurring costs for the preliminary engineering, materials, or replacement right of way.
- The District will provide the utility with a U-number establishment letter.
- The utility must then initiate preparation of the utility agreement, including plans, estimates, and all attachments normally required for the agreement assembly as quickly as possible.