| (2) If a state highway improvement project requires
the adjustment or relocation of a communication, water, or waste water
facility that is 100 percent reimbursable by the department under
the requirements of Transportation Code, §203.092 or the adjustment
or relocation of a facility of an electric distribution provider,
such as an electric service corporation, regional electric cooperative,
or municipal or joint-agency electric service provider, that is 100
percent reimbursable by the department under the requirements of Transportation
Code, §203.092, the utility by agreement with the executive director
may authorize the department to procure the design of an adjustment
or relocation and include the resulting plan in the construction contract
for the adjustment or relocation.
(3) Under the agreement the department may use only
an engineering consultant approved by the utility. An employee of
the department may not be used to provide engineering services under
the agreement.
(4) The utility must approve the resulting plan for
the adjustment or relocation before it may be included in the construction
contract. The utility is responsible for ensuring that the design
and construction meet all regulatory and environmental compliance
requirements.
(5) The agreement must provide for:
(A) concurrent construction inspection by the utility
during construction; and
(B) final acceptance by the utility of the design and
construction after the construction is completed.
(6) During the relocation or adjustment construction
work under the agreement, the utility remains liable under any certificate
of service. The department is not responsible for any issue related
to the design or construction of the adjustment or relocation of the
utility facility after final acceptance by the utility of the adjustment
or relocation.
(7) After the completion of the construction work under
the agreement, the utility is responsible for any ongoing maintenance,
including compliance with §21.38 of this subchapter (relating
to Construction and Maintenance).
(8) The department will reimburse the utility for eligible
expenses incurred in approving and inspecting the design documents.
(9) All provisions of this subchapter and Subchapter
B of this chapter (relating to Utility Adjustment, Relocation, or
Removal) that apply to the design, estimates, and scope of an adjustment
or relocation apply to a project carried out under an agreement entered
into under this subsection.
|
| Source Note: The provisions of this §21.37 adopted to be effective March 17, 2005, 30 TexReg 1455; amended to be effective December 11, 2008, 33 TexReg 10064; amended to be effective December 10, 2009, 34 TexReg 8795; amended to be effective September 15, 2010, 35 TexReg 8400; amended to be effective October 12, 2014, 39 TexReg 7946; amended to be effective October 12, 2022, 47 TexReg 6617 |
