Ga. Comp. R. & Regs. R. 672-22-.06 - Rules Governing Predevelopment Agreements

(a) Contracting for Project Planning and Development Services Using a PDA. Predevelopment agreements allow the Department to procure one or more Developers to assist in developing the framework for one or more projects' conceptual, preliminary, and final planning and project development work and may include preconstruction services on one or more projects that would benefit from early involvement by the Developer(s) in the project(s). The PDA (i) allows the commencement of activities including predevelopment services, financial planning, environmental studies and mitigation, survey, conducting transportation and revenue studies, right-of-way acquisition, design and engineering, and public outreach; and (ii) contains provisions related to any aspect of the development of a transportation facility, including construction work for the project or projects, that the parties may deem appropriate, subject to agreement as to the basis for payment for any construction services.

(b) Implementation of Design and Construction After a PDA. Upon the completion of the elements of the PDA, the Department will have rights to the work-product developed by the Developer and may use such work product in the further development of its projects, including in any procurements for financing, design, engineering, value engineering, or construction services.

(c) Form of the Agreement. The Department shall prescribe the general form of a predevelopment agreement and may include any matter the Department considers advantageous to the Department, including that each PDA 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 independently review any studies and conclusions reached by the Developer, its subconsultants, and subcontractors before their inclusion in an environmental document, and reserve to the Department the responsibility for the environmental document.

Any changes to the Predevelopment Agreement shall be negotiated by the parties and memorialized in a supplemental agreement thereto or in a separate agreement pursuant to the PDA.

Notes

Ga. Comp. R. & Regs. R. 672-22-.06

O.C.G.A. §§ 32-2-2, 32-2-82, 50-13-4.

Original Rule entitled "Rules Governing Predevelopment Agreements" adopted. F. Jan. 20, 2022; eff. Feb. 9, 2022.