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… Avoid unnecessary relocations Resolve all foreseeable conflicts OR PAY LATER… Delays Damages Claims Increased costs

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

DID YOU KNOW?

CWP vs. Utility Delays

FY 2008 Construction Time Extensions

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

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

PROPOSED MEDIATION RULE Legislative Intent Applicability Time Period Escalation Process Mediation Board & Procedures Costs Decisions / Mediation Period

OVERVIEW OF MEDIATION RULE & PROCESS  LEGISLATIVE INTENT Mediation less expensive than Litigation

OVERVIEW OF MEDIATION RULE & PROCESS  APPLICABILITY Three (3) Types of Disputes WORK PLAN REVISED WORK PLAN ANY OTHER MATTER  TIME PERIOD FOR APPLICABILITY  May 2008 Letting

OVERVIEW OF MEDIATION RULE & PROCESS  ESCALATION PROCESS Notice of Potential Dispute to Utility Structured Negotiation Process (Formalizing Communication) Prerequisite to the Mediation Board

GDOT Project Development Utility Relocation Funding & Mediation Process

OVERVIEW OF MEDIATION RULE & 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 MEDIATION RULE & PROCESS  COSTS Utility & GDOT – Pay for Member Selected Utility & GDOT – Equally pay for 3 rd Member Party Acts in Bad Faith May be responsible for All costs

OVERVIEW OF MEDIATION RULE & 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

References SENATE BILL 19 ( Click on “ Current Version ” and you should be able to view) GDOT RULE – CHAPTER GOVERNING UTILITIES MEDIATION PROCESS ( Georgia Secretary of State website – ) ESCALATION POLICY (GDOT website – Chapters 2 & 4 of the UAM:

Questions? State Utilities Office web site:

THAT’S ALL FOLKS