Compilation of Rules and Regulations of the State of Georgia › Department 672 - STATE DEPARTMENT OF TRANSPORTATION › Chapter 672-22 - GOVERNING ALTERNATIVE CONTRACTING METHODS › Rule 672-22-.02 - Definitions

Current through Rules and Regulations filed through June 27, 2024
The 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.
O.C.G.A.
				§§
										32-2-2,   32-2-82,   50-13-4.