Rule 672-22-.02 - DefinitionsThe following terms, as used in this chapter, shall have the following meanings unless the context thereof indicates to the contrary:
(a) "Alternative Contracting Method" or "ACM": One of the three contracting methods authorized by the ACM Statute, specifically: (i) Construction Manager/General Contractor ("CM/GC") Agreement, (ii) Comprehensive Development Agreement, and (iii) Predevelopment Agreement.(b) "ACM Statute": Section 32-2-82 of the Official Code of Georgia Annotated.(c) "Board" shall mean the State Transportation Board of the State of Georgia.(d) "Capital Budget": The current, projected, and final audited total amount of state, federal, and other funds received by the Department for the support of the capital program including the construction, operations, and maintenance of public roads.(e) "Comprehensive Development Agreement" or "CDA": An alternative contracting method consisting of a single, multi-phase contract that allows for expedited project delivery through the concurrent design and construction of a project pursuant to which the Developer shall (i) collaborate with the Department to advance development of the project concept, (ii) perform or provide for the design and construction services, and (iii) perform or provide any operations or maintenance services required for the project; provided, however, that the initial CDA agreement may provide for negotiating and entering into future phases or segments of the project at the times that the Department considers advantageous to the Department.(f)"Construction Manager/General Contractor" or "CM/GC": The counterparty to a Construction Management Agreement let by the Department in accordance with Rule 672-22-.04.(g) "CM/GC Agreement" or "Construction Management Agreement": An alternative contracting method consisting of a two-phase contract between the Department and a CM/GC, whereby: (i) in the first phase, the CM/GC performs specified Preconstruction Services for a project, in the capacity of a construction manager, in collaboration with the Designer of Record and the Department, and (ii) in the second phase - which is subject to the Department's acceptance of the CM/GC 's proposed Negotiated Construction Price - the Department may authorize CM/GC to proceed, in the capacity of a general contractor, to complete construction of the project.(h) "Department": The Department of Transportation of the State of Georgia.(i) "Designer of Record" or "DOR": The entity under a separate contract with the Department that is responsible for the design of a project delivered using the CM/GC method.(j)"Developer": shall mean the counterparty to a Comprehensive Development Agreement or a Predevelopment Agreement approved by the Board as an ACM in accordance with the ACM Statute.(k)"Encumbered Amount" shall refer to the amount of the Department's annual contractual commitments for the projected payments by the Department pursuant to an executed ACM agreement authorized under the ACM Statute.(l) "Negotiated Construction Price" or "NCP": The maximum price - that includes project direct costs, indirect costs, and profit - to which the CM/GC commits to deliver a construction project with a quantified and defined scope of work.(m) "Preconstruction Services": The scope of services that a CM/GC or Developer may be requested to perform during the design phase of a project, which will be identified on a project-by-project basis in the solicitation issued by the Department for an ACM agreement.(n) "Preconstruction Services Fee": The price component, expressed in a lump-sum amount or any other payment method permitted by law, covering the full scope of Preconstruction Services identified in a solicitation for a CM/GC procurement of a prospective CM/GC 's proposal.(o) "Predevelopment Agreement" or "PDA": An alternative contracting method that provides the framework for one or more Developers to collaborate with the Department on one or more projects: (i) for the conceptual, preliminary, and final planning and project development work for such project(s), which may include, but is not limited to, predevelopment services, financial planning, environmental studies and mitigation, survey, conducting transportation and revenue studies, right of way acquisition, design and engineering, preliminary engineering, implementation planning, and assistance with public outreach; and (ii) to perform, at the Department's election, any aspect of the development of the transportation facility including the construction work for the project or projects, that the parties may deem appropriate, subject to agreement between the Department and the Developer(s) as to the scope of such services, a reasonable price for that scope of services, and the basis of payment for those services.Ga. Comp. R. & Regs. R. 672-22-.02
O.C.G.A. §§ 32-2-2, 32-2-82, 50-13-4.
Original Rule entitled "Definitions" adopted. F. Jan. 20, 2022; eff. Feb. 9, 2022.