This Chapter provides information concerning administration of the permit during the construction phase. Although many of these arrangements are specified in the permit, they are presented here to acquaint prospective applicants with key administrative procedures.
8.1 SHA Inspection
After the Engineering Access Permits Division issues the Access Permit, the District Office supervises inspection activity in each District. Inspection is handled by the appropriate SHA Resident Maintenance Engineer, SHA Permit Inspector, or both. The assigned individual is identified in each Access Permit. The permittee is not assured of continuity of inspection personnel.
8.2 Required Notifications
The permittee is required to make timely notifications to various SHA representatives prior to and during construction of the improvements, as outlined in the permit. Typical notifications are discussed below.
8.2.1 Prior to the Start of Work
||Work may not be undertaken on the State right-of-way until the permittee has received his copy of the permit and given 48-hour advance notice to the maintenance engineer or inspector specified in it. This 48-hour advance notice shall be given prior to the commencement of work and prior to each successive stage of the work.
||All projects shall have a pre-construction meeting, which is conducted at the project site. The pre-construction meeting is an opportunity to review the permit requirements and the plans with the inspector prior to work. On any project, the pre-construction meeting may be waived at the discretion of the SHA Resident Maintenance Engineer or Permit Inspector.
8.2.2 Traffic Signal Work
All traffic signal construction activities are to be supervised by the SHA Office of Traffic and Safety, Traffic Operations Division. The permittee shall contact the Traffic Operations Division and the Assistant District Engineer-Traffic at least 10 days prior to beginning any approved signal work. The pertinent contact information is provided in the access permit.
8.3 Resolution of Problems Identified During Construction
Although EAPD is not directly involved in the day-to-day inspection efforts, the applicant is assured that we are committed to seeing each project through to completion in accordance with the permit. The permittee shall confer with the SHA Resident Maintenance Engineer or Permit Inspector to clarify SHA requirements or resolve any problems or disputes. If the matter cannot be resolved at this level, then the EAPD representative will typically intervene. Problems with the permit or approved plans, or disputes over the requirements, are referred back to EAPD for consultation and resolution.
||Problems encountered during construction with the design or progress of the project, for whatever reason, must be addressed to the satisfaction of the SHA in a manner that does not compromise the functionality or integrity of the final product. Problems caused by negligent design practices, incomplete plans, and the like will not be considered “hardships”. A functionally equivalent design, at the permittee’s effort and expense, is expected to be implemented.
||If there is a discrepancy between the actual elevations and the elevations shown on the plans, the grades of the proposed curbing and paving shall be established by using the actual elevations of the road edge. If, in SHA’s sole judgement, the discrepancy is substantial enough to warrant formal plan revisions, such revisions shall be made by the permittee and submitted for review and approval by the SHA. SHA inspection personnel shall have the option of suspending work on the affected portions of the permitted work until the revisions have been approved and an Addendum to the permit has been issued.
||Any deviations and/or adjustments as may be required at time of construction, shall be constructed in accordance with the approval of and as directed by SHA. If, in SHA’s sole judgement, the deviations and/or adjustments are substantial enough to warrant formal plan revisions, such revisions shall be made by the permittee and submitted for review and approval by the SHA. The SHA inspection personnel shall have the option of suspending work on the affected portions of the permitted work until the revisions have been approved and an Addendum to the permit has been issued.
8.4 Permit Extensions
If, due to circumstances beyond the Permittee's control (i.e. weather, strikes, etc.), the work cannot be completed within the allotted time, the Permittee should write EAPD thirty (30) days before the expiration date of the permit to request an extension. The request must include a detailed justification as to why the work has not been performed, accompanied by appropriate documentation and a construction timetable for completion of the work. SHA may grant an extension of the work completion date within which the terms and conditions of the permit are to be fulfilled. A copy of the extension will be forwarded to the permittee and the provider of the surety. The permittee's concurrence will be assumed if written objections are not received within 10 days of the issuance of the extension.
With any request for extension, SHA at its option may require the permittee to increase the surety amount, update the plans to reflect current SHA standards and practices, or reapply for a new permit.
SHA may issue one or more addenda to the permit to implement acceptable changes to the permitted design, to coordinate additional construction activities in the project vicinity, or to satisfy special conditions under which the permit was issued.
8.6 Permit Cancellation
The permit may be cancelled after the expiration date indicated on the permit, at SHA’s discretion, if work has not started and the permittee is non-responsive to inquiries by SHA. The permit may also be cancelled if the permittee fails to request an extension or if the reasons given to support the request are inadequate. The permittee would then need to reapply for a new permit and would be subject to requirements in effect at that time.
8.7 Final Inspection and Acceptance of the Work
Upon completion of the permitted work, the permittee or his/her contractor should contact the SHA Resident Maintenance Engineer or SHA Permit Inspector identified in the permit to arrange for a final inspection of the work. Failure to complete the work and obtain a satisfactory inspection may delay the issuance of use and occupancy permits by the local jurisdiction, as discussed in 5.3 and 5.5.
8.8 Release of the Permit and Surety.
When SHA determines that all work required under the terms of this permit have been completed, SHA will release the permit, return the bond/letter of credit/posted funds to the permittee and notify the surety/bank and/or credit the blanket bond. Release of the permit does not extinguish the agreement regarding continuing responsibilities concerning maintenance, drainage, traffic signals, land use, etc.