Rule 672-22-.07 - Rules Governing Comprehensive Development Agreements(a)Using a CDA. A Comprehensive Development Agreement provides the Department with a single multi-phase contract to allow for the development of the project concept, the concurrent design and construction of the project, and the operations and maintenance of the project. The CDA (i) allows the commencement of activities including conceptual, preliminary and final project planning and development, right-of-way acquisition, design and engineering, environmental support and mitigation, survey, conducting transportation and revenue studies, ascertaining the availability of financing for the proposed facility or facilities and public outreach; and (ii) contains provisions related to any aspect of the development, construction, operations, and maintenance of a transportation facility that the parties may deem appropriate.(b)Form of Agreement. The Department shall prescribe the general form of a comprehensive development agreement and may include any matter the Department considers advantageous to the Department, including that each CDA shall: (1) set forth the scope of work to be performed by the Developer, its subconsultants, and subcontractors;(2) specify the level of design, alternatives to be reviewed, impacts and outcomes to consider, and other information to be provided by the Developer, its subconsultants, and subcontractors;(3) reserve to the Department the right to review any studies and conclusions reached by the CDA contractor, its subconsultants, and subcontractors before their inclusion in an environmental document, and reserve to the Department the responsibility for the environmental document.(c)Negotiations Authorized. The initial procurement of the Developer shall follow Rule 672-22-.03. GDOT and the contractor shall negotiate the specific terms of a CDA. Any changes to the initial Comprehensive Development Agreement, including those for subsequent project phases, shall be negotiated by the parties and memorialized in a supplemental agreement to the CDA or in a separate agreement pursuant to the CDA.Ga. Comp. R. & Regs. R. 672-22-.07
O.C.G.A. §§ 32-2-2, 32-2-82, 50-13-4.
Original Rule entitled "Rules Governing Comprehensive Development Agreements" adopted. F. Jan. 20, 2022; eff. Feb. 9, 2022.