. 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
(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
(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
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
(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.
for Mediation": A written notification to the Parties that starts the
(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
(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