In 2000 Colorado passed new laws to deal with the unique issues associated with
utility adjustment and design-build projects. The statute specifically
addresses the issues of utility coordination and the schedule-driven nature of
design-build projects.

Colorado Revised Statute Section 43-1-1410 through 1412] :
- encourages utilities to use the State's design-builder,
- allows utilities to negotiate the costs of relocations and provides an
option for the utilities to perform the work if cost can not be negotiated,
- Increases accountability / responsibility on the design-build proposers to
speak with a utility company prior to submitting price proposals, and
- provides for potential liabilities and damages that can be placed on the
utility companies if they perform their own work and delay the Contractor; S.
1411 (3)(b),

Reference: 198.187.128.12/colorado/lpext.dll?f=templates&fn=fs-main.htm&2.0

Jerry,
Thanks for the information relating to Colorado and how they have been dealing
with utities in the design/build arena. It seems that every state handles it a
bit different. There is a fine balance between the risk of cost and schedule
when dealing with utilities in the design- build arena. The prime contractor
has to pay for the "borrowed money" for construction thru the project
construction phase (in some forms of d/b)creating the true meaning of "time is
money". If the d/b firm has to rely on third parties (transportation department
utility coordinators)and the individual utility agencies back and forth
relocation efforts...you begin to eliminate the fundamental benefit of
design/build. The end result is that when you have reimbursable utilities
relocations on a project...it seems that the most economical and efficient
means to perform the overall project is to get out of the way and have the d/b
firm work directly with the utility agencies and have the d/b firm "include all
utility relocate costs' in their bids. This is even more important when one day
of delay (by either the department's or utility's fault) may be several million
dollars in potential loss of earnings for the contractor(for multi-billion
dollar projects). I will end here...because I have to deal directly with this
issue...now. I trust those reading this discussion will have a great day.