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, form ROW-U-EWA Emergency Work Authorization - Post Highway Letting 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 be approved by TxDOT in the Emergency Work Authorization.
Under no circumstances shall remedial measures be delayed due to seeking 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 consider the following prior to approval of the Emergency Work Authorization. An electronic copy of the executed Emergency Work Authorization should be submitted to the ROW Division for record.
- Anchor: #NRIKVIEN
- The project is authorized; Anchor: #JQEJQDXE
- the emergency / unusual situation necessitating the request; Anchor: #XVYLUFXG
- highway station limits; Anchor: #TVWBLWAF
- estimated eligibility ratio; Anchor: #RVXIUERB
- the utility’s compensable interest at the adjustment site; Anchor: #LMKIHGYV
- total estimated cost of adjustment; Anchor: #FENIDRKU
- estimated submission date of utility agreement; and Anchor: #YKQKWUST
- 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, the ROW Division must have granted a Full Authority Release or a Utility Only Project Release 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. The Emergency Work Authorization will be executed by the District Engineer or designee and a Utility ID will be assigned if not previously assigned. The execution of the Emergency Work Authorization 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.
- Anchor: #WYPCLNYH
- The District will provide the utility with the executed Emergency Work Authorization and a Utility ID. Anchor: #MOVNVAXD
- 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. Anchor: #VPYSFUXR
- The District cannot execute a Lump Sum Agreement when an Emergency Work Authorization is issued previously.