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Amended Laws for UTILITY COORDINATION

Amended Laws for UTILITY COORDINATION. 2009 AASHTO R/W & Utilities Subcommittee Conference April 22 nd. “You either pay now or pay later - Pick your poison”. PAY NOW…. OR PAY LATER…. Delays Damages Claims Increased costs. Avoid unnecessary relocations.

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Amended Laws for UTILITY COORDINATION

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  1. Amended Laws for UTILITY COORDINATION 2009 AASHTO R/W & Utilities Subcommittee Conference April 22nd

  2. “You either pay now or pay later - Pick your poison” PAY NOW… OR PAY LATER… Delays Damages Claims Increased costs Avoid unnecessary relocations Resolve all foreseeable conflicts

  3. DID YOU KNOW? What the State Utilities Engineer looked like in 2000?

  4. DID YOU KNOW? • 2000 2008

  5. CWP vs. Utility Delays

  6. FY 2008 ConstructionTime Extensions

  7. RECENT EXAMPLES OF PROJECTS DELAYED • US-441 Dublin: 206 days - $1.18 million • SR-92 Douglas Co: 334 days - $1.92 million • SR-166 Douglas Co: 309 days - $ 113 thousand • Mercer Univ. Bibb Co: 577 days - $3.78 million • Fury’s Ferry Road: 457 days • (Augusta)

  8. Utility Time Extensions – Detail FY 2005 Study

  9. GDOT Board & Commissioner: Initiated Utility Task Force August 2005 Internal/GDOT Policies & Procedures Utility Mitigation Efforts 43% Lack of Project/Utility Coordination

  10. State Utilities Office Electronic Data Guidelines (EDG) / Automated Drafting Design System (ADDS) Plan Presentation Guide (PPG) Plan Development Process (PDP) Consultant Management Process Improvement (CMPI) Consultant Cost Proposal Standardization Geographical Information System (GIS) Performance Based Contracting Field Plan Review Checklists Utility Mitigation Efforts

  11. State Utilities Office Utility Design/Build Specification Field Plan Review Inspections Office of Utilities Web Page Electronic Plans Transfer Guidelines Environmental Issues Created Utility Task Force 4 Subcommittee Teams (R/W Team – monthly reports) Training and Education Notice of Award & Authorization letters Utility Mitigation Efforts

  12. State Utilities Office Electronic Receipt and Submittal of Utility Invoices Electronic Submittal of Utility Agreements Utility Plans Re-Engineering Organizational Structure Utility Redline Software Subsurface Utility Engineering (SUE) SUE Program Enhancement Utility Accommodation Policy & Standards Manual Utility Mitigation Efforts

  13. State Utilities Office Utility Coordination Scope of Services Move to New GDOT Headquarters (Apr. ‘08) Georgia Utility Permitting System (GUPS) TRAQS TPRO CMIS PeopleSoft Privileges Utility Phase Funding Early Authorizations & Master Agreements for PE Utility Mitigation Efforts

  14. State Utilities Office GA PSC – Large Projects Locator Certification AASHTO Best Practices SHRP – R-15 Utility Coordination Study Awards and Recognitions Senate Bill 19 – Legislative Session 2007 Utility Mitigation Efforts

  15. Senate Bill 19 Accountability (PIF) Contract Items $$ - GDOT fund PDP Deadlines Mediation Rule/Jan. ‘08 Project lettings May ‘08 Utility Mitigation Efforts 19% Low Priority 28% Lack of Resources

  16. Legislative Intent Applicability Time Period Escalation Process Mediation Board & Procedures Costs Decisions / Mediation Period PROPOSED MEDIATION RULE 672-19

  17. OVERVIEW OF MEDIATIONRULE & PROCESS • LEGISLATIVE INTENT • Mediation less expensive than Litigation

  18. OVERVIEW OF MEDIATIONRULE & PROCESS • APPLICABILITY • Three (3) Types of Disputes • WORK PLAN • REVISED WORK PLAN • ANY OTHER MATTER • TIME PERIOD FOR APPLICABILITY • May 2008 Letting

  19. OVERVIEW OF MEDIATIONRULE & PROCESS • ESCALATION PROCESS • Notice of Potential Dispute to Utility • Structured Negotiation Process • (Formalizing Communication) • Prerequisite to the Mediation Board

  20. GDOT Project DevelopmentUtility Relocation Funding & Mediation Process

  21. OVERVIEW OF MEDIATIONRULE & PROCESS • MEDIATION BOARD & PROCEDURES • 3 Member Board • Qualified by State Office of Dispute Resolution • Written Petition for Mediation • Board established w/in 30 days • Hearing held w/in 60 days • No Direct Relationship (contractually or employed) w/in previous 6 months

  22. OVERVIEW OF MEDIATIONRULE & PROCESS • COSTS • Utility & GDOT – Pay for Member Selected • Utility & GDOT – Equally pay for 3rd Member • Party Acts in Bad Faith • May be responsible for All costs

  23. OVERVIEW OF MEDIATIONRULE & PROCESS • DECISIONS / MEDIATION PERIOD • Majority Vote – No Ties • Public Document • Subject to Judicial Review (Superior Court) • An Agreement is reached or 60 days • Can extend if mutually agreed by the parties

  24. Office of Utilities Office of Construction Office of Construction Claims Legal Services District Offices GDOT Resources

  25. Time Extensions Related to Utility Delays

  26. References SENATE BILL 19 http://www.legis.ga.gov/legis/2007_08/sum/sb19.htm    (Click on “Current Version” and you should be able to view) GDOT RULE – CHAPTER 672-19 GOVERNING UTILITIES MEDIATION PROCESS (Georgia Secretary of State website – http://sos.georgia.gov/rules_regs.htm) ESCALATION POLICY (GDOT website – Chapters 2 & 4 of the UAM: http://www.dot.ga.gov/doingbusiness/utilities/Pages/default.aspx)

  27. Questions? State Utilities Office 404-631-1354 jbaker@dot.ga.gov web site: www.dot.ga.gov

  28. THAT’S ALL FOLKS

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