PURPOSE
The purpose of this section is to help the Project Manager obtain Regulatory Agency Approvals for his/her project.
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RESPONSIBILITIES
Project Manager (PM): It is the responsibility of the PM to ensure that all permits required by the project are obtained. In most cases, regulatory permits arenecessary prior to advertisement. All necessary permits must be listed on the “Ready to Advertise” checklist. Any permits that are required but not yet obtained must be noted on the checklist with an explanation.
Project Engineer (PE): On large or complex projects the PM may bring in a PE to assist the PM with his/her responsibilities.
PROCEDURE
In addition to Environmental Clearance, Building & Safety approval, and Cultural Affairs approval, there are other regulatory agency approvals that may apply to a project. Some of the agencies that may have jurisdiction over a project are:
California Department of Transportation (Caltrans)
California Coastal Commission
Los Angeles County Department of Public Works
U.S. Army Corps of Engineers
California Department of Fish and Game
California Department of Parks and Recreation
Regional Water Quality Control Board (RWQCB)
South Coast Air Quality Management District (SCAQMD)
Undoubtedly, there are other agencies that could have some jurisdiction on projects.
It is best to submit applications for permits early on in the life of the project since many permits take some time to obtain. The required permit checklist should be reviewed in the Pre-Design phase of the project. The PM should obtain applications from the various agencies and begin to fill them out. As the design of the project progresses, the applications should be submitted as soon as all of the necessary information is available. This will allow the regulatory agencies time to process and issue the permits prior to the start of construction.
When completing the various applications, the PM should consult with, and seek the assistance of, groups or divisions who have expertise in obtaining these permits. Such groups or divisions that may be of help are the Geotechnical Engineering Division, Environmental Management Group, Structural Engineering Division, and Architectural Division. Most regulatory agencies will also provide help in filing for the various permits they issue.
The need to have all necessary permits in hand prior to project award cannot be overemphasized. As an example, the Bureau had a project that was allowed to go to bid on the basis of a draft permit from the SCAQMD. The final permit was expected to be identical to the draft and no problems were anticipated. The project was awarded by the Board. Shortly after the Notice to Proceed (NTP) was issued, the final SCAQMD permit was received, and it had changed significantly to the point that the project could not go forward. It cost the program almost $100,000 to rescind the award and reimburse the contractor for their expenses. The amount of the reimbursement was reviewed by an outside claims expert that concurred with the negotiated amount for the items that legally required reimbursement. The point is that there is a risk any time a project goes forward without all the necessary permits. In the case noted above, rescinding the contract award was in the City’s best interest. Nevertheless, the city was legally obligated to reimburse certain con tractor expenses once it decided to rescind the contract award after the NTP had been issued.
RELATED PROCEDURES
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