AMENDED LAWS FOR UTILITY COORDINATION

2009 AASHTO R/W & UtilitiesSubcommittee Conference

April 22nd

“You either pay now or pay later - Pick your poison”

PAY NOW…

Avoid unnecessary relocations

Resolve all foreseeable conflicts

OR PAY LATER…

Delays DamagesClaimsIncreased costs

DID YOU KNOW?DID YOU KNOW?What the State Utilities Engineerlooked like in 2000?

DID YOU KNOW?DID YOU KNOW?2000 2008

CWP vs. Utility Delays

FY 2008 ConstructionTime Extensions

Plan Error18%

Weather5%

Utilities31%

Extra Work/Increased Quantities

13%

Other33%

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)

Utility Time Extensions – Detail FY 2005 Study

Lack of Project/Utility Coordination

43%Lack of Resources

28%

Low Priority19%

Other10%

4% 31%

20%22%

23%

Utility Mitigation Efforts

GDOT Board & Commissioner:

Initiated Utility Task Force August 2005 Internal/GDOT Policies &

Procedures

43% Lack of Project/Utility Coordination

Utility Mitigation Efforts 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 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

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 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

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

Senate Bill 19 Accountability (PIF) Contract Items

$$ - GDOT fund PDP Deadlines Mediation Rule/Jan. ‘08

Project lettings May ‘08

19% Low Priority

28% Lack of Resources

Lack of Project/Utility Coordination

43%Lack of

Resources28%

Low Priority19%

Other10%

PROPOSED MEDIATION RULE

672-19 Legislative Intent Applicability Time Period Escalation Process Mediation Board & Procedures Costs Decisions / Mediation Period

OVERVIEW OF MEDIATIONRULE & PROCESS

LEGISLATIVE INTENT Mediation less expensive than

Litigation

OVERVIEW OF MEDIATIONRULE & PROCESS

APPLICABILITYThree (3) Types of Disputes

WORK PLAN REVISED WORK PLAN ANY OTHER MATTER

TIME PERIOD FOR APPLICABILITY

May 2008 Letting

OVERVIEW OF MEDIATIONRULE & PROCESS

ESCALATION PROCESSNotice of Potential Dispute to Utility

Structured Negotiation Process (Formalizing Communication)

Prerequisite to the Mediation Board

GDOT Project DevelopmentUtility Relocation Funding & Mediation Process

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

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

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

GDOT Resources

– Office of Utilities– Office of Construction– Office of Construction Claims– Legal Services– District Offices

Time Extensions Related to Utility Delays

FY200520%

FY200627%

FY200739%

FY200831%

0%

5%

10%

15%

20%

25%

30%

35%

40%

45%

FY2005 FY2006 FY2007 FY2008

ReferencesSENATE 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 672-19GOVERNING 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)

Questions?State Utilities Office 404-631-1354

jbaker@dot.ga.gov

web site: www.dot.ga.gov

THAT’S ALL

FOLKS