2014 Louisiana Laws
Revised Statutes
TITLE 48 - Roads, Bridges and Ferries
RS 48:2118 - Design, construction, and maintenance of projects funded by the Transportation Mobility Fund; applicant responsibilities

§2118. Design, construction, and maintenance of projects funded by the Transportation Mobility Fund; applicant responsibilities

A. The applicant shall be responsible for the design and construction of each project it undertakes, including ensuring that all environmental permits, issues, and commitments are addressed in project design, assessing changes for potential environmental impacts, and obtaining necessary permits required for such changes. All construction plans shall be signed, sealed, and dated by a professional engineer licensed in Louisiana.

B. Project plans and specifications must be in compliance with either the latest version of design manuals or the latest version of AASHTO standards. However, an applicant may request approval to deviate from the required design criteria for a particular design element on a case-by-case basis. The request for approval shall state the criteria for which an exception is being requested and must include a comprehensive description of the circumstances and engineering analysis supporting the request. The board may approve an exception after determining that the particular criteria could not reasonably be met due to physical, environmental, or other relevant factors and that the proposed design is a prudent engineering solution.

C. For proposed projects which change access to an existing interstate highway, the applicant shall submit to the Department of Transportation and Development all data necessary for the department to request Federal Highway Administration approval.

D. All plans, specifications, and estimates developed by or on behalf of the applicant shall conform to the department's standard specifications for construction and maintenance of highways and bridges and shall conform to department-required special specifications and special provisions, if applicable. However, the board may approve the use of an alternative specification if the proposed specification is determined to be sufficient to ensure the quality and durability of the finished product for the intended use and the safety of the traveling public. In deciding whether to approve the use of an alternative specification, the board shall consider whether the project is intended to become part of the state highway system or otherwise subject to the jurisdiction of the department.

E. Once final design plans and procedures are complete, the applicant shall send the following information to the board for review and approval in accordance with the procedures and time line established in the financial assistance agreement:

(1) A copy of the final set of plans, specifications, and engineer's estimate which has been signed and sealed by the responsible engineer.

(2) A summarized or highlighted revision to information provided with the preliminary design submission.

(3) A proposal for bidding the project in compliance with applicable state and federal public bid law requirements.

(4) Contract administration procedures containing criteria that comply with the applicable national or state administration criteria and manuals.

(5) Location and description of all environmental permits addressed in construction.

F. The applicant shall not advertise the project for receipt of bids until it has received final approval of the design and construction from the board. The applicant shall let and award contracts for construction of the project in accordance with the provisions of R.S. 48:252 et seq. Furthermore, the applicant shall be responsible for overseeing all construction operations, including the oversight and follow-through with all environmental permits. Inspection and project oversight shall be performed in accordance with requirements prescribed in the financial assistance agreement.

G. Any work required within the limits of state-owned right-of-way shall be accomplished only pursuant to express written agreement with the department.

H. The board may require specific standards and procedures to be used in maintenance of the project. In establishing specific standards and procedures for maintenance of projects, the board may consider the applicant's past experience with similar projects, if applicable, and whether the project is intended to become part of the state highway system or otherwise subject to the jurisdiction of the department. Additionally, all structures defined as a bridge by the National Bridge Inspection Standards shall be maintained in compliance with applicable state and federal requirements. The board may authorize the Department of Transportation and Development to perform safety inspections of these structures in accordance with federal requirements.

Acts 2006, No. 685, §1.