Compilation of Rules and Regulations of the State of Georgia › Department 672 - STATE DEPARTMENT OF TRANSPORTATION › Chapter 672-19 - GOVERNING UTILITIES MEDIATION PROCESS › Rule 672-19-.03 - Definitions

Current through Rules and Regulations filed through June 27, 2024
(1)
General
. For the purpose of these rules, the following words shall
			 have the meaning as contained herein unless the context does not permit such
			 meaning. Terms not defined in these rules but defined in O.C.G.A. §
								32-1-3
et
			 seq.
, shall have the meanings contained therein. Terms not defined in
			 these rules, nor in O.C.G.A. §
								32-1-3
et
			 seq.
, shall have ascribed to them the ordinary accepted meanings such
			 as the context may imply.
(2)
Definitions
. The following terms and definitions shall be used:
(a) "Contractor": Department's prime
			 contractor for projects awarded by GDOT.
(b) "Damages" (as pertain to Mediation): The
			 actual cost that covers injury or economic loss due to documented damages
			 resulting solely from failure on the part of the Utility to comply with
			 requirements of the submitted and approved Work Plan under the control of the
			 Utility.
(c) "Delay Cost": Cost
			 incurred by the Contractor and approved by the Department which is caused by or
			 which grow out of the failure of the Utility owner to carry out and complete
			 its work in accordance with the approved Work Plan or in a timely and
			 reasonable manner if a Work Plan or revised Work Plan was not
			 submitted.
(d) "Department": The
			 Georgia Department of Transportation (GDOT).
(e) "Designee": The individual or company to
			 whom the Department delegates certain authority for the administration of the
			 mediation process.
(f) "Escalation
			 Process": The process which raises an issue, action or concern to successive
			 levels of Departmental management for resolution.
(g) "List of Qualified Mediators": List of
			 mediators compiled, maintained, or approved by the Department.
(h) "Mediation": A process of dispute
			 resolution to be employed by the Department and Utility to resolve
			 conflicts.
(i) "Mediation Board": A
			 three-person board created by the authority of O.C.G.A. §
									32-6-171 to  resolve disputes between the Parties.
(j) "Notice of Potential Dispute": A written
			 notification to the Utility that starts the Escalation Process.
(k) "Party": The Department, or the Utility,
			 or the Contractor.
(l) "Petition
			 for Mediation": A written notification to the Parties that starts the
			 Mediation.
(m) "Petitioner": The
			 Department or Utility who initiates the Mediation.
(n) "Utility": Any privately, publicly or
			 cooperatively owned line, facility, or system for producing, transmitting or
			 distributing communications, cable television, power, electricity, light, heat,
			 gas, oil products, water, steam, clay, waste, storm water not connected with
			 highway drainage, and other similar services and commodities, including river
			 gages, fire and police signals, traffic control devices, and street lighting
			 systems, which directly or indirectly serve the public. The term "utility" may
			 also be used to refer to the owner of any above described utility or utility
			 facility.
(o) "Work Day": A
			 calendar day exclusive of Saturday, Sunday, and legal state holidays.
(p) "Work Plan": The relocation plans and the
			 adjustment schedule submitted by each utility facility owner who has facilities
			 that are required to be relocated or adjusted to accommodate the project
			 construction.