07 LC 34
1060S/AP
House
Bill 192 (AS PASSED HOUSE AND SENATE)
By:
Representatives Smith of the
129th,
Everson of the
106th,
Rogers of the
26th,
Loudermilk of the
14th,
and Forster of the 3rd
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 32-2-61 of the Official Code of Georgia Annotated, relating
to limitations on the Department of Transportation´s power to contract, so
as to provide for an increase in the amount for which the department may execute
a negotiated contract; to amend Code Section 32-2-70 of the Official Code of
Georgia Annotated, relating to bonds to be posted by successful bidders on
department contracts, so as to increase the amount of the contract that requires
such bonds; to amend Code Section 32-4-67 of the Official Code of Georgia
Annotated, relating to the proposal guaranty by the bidder on a county contract,
so as to exempt contracts for engineering or other professional services from
the guaranty; to amend Code Section 32-4-69 of the Official Code of Georgia
Annotated, relating to bonds of successful bidders on county contracts, so as to
exempt professional services contracts; to amend Code Section 32-4-119 of the
Official Code of Georgia Annotated, relating to bonds of successful bidders on
municipal contracts, so as to exempt professional services contracts; to provide
for related matters; to provide for an effective date; to repeal conflicting
laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 32-2-61 of the Official Code of Georgia Annotated, relating to
limitations on the Department of Transportation´s power to contract, is
amended by revising paragraph (1) of paragraph (d) as follows:
"(d)(1)
The department is prohibited from negotiating any contract for the construction
or maintenance of a public road involving the expenditure of
$50,000.00
$100,000.00
or more except any contract:
(A)
With counties, municipalities, and state agencies, provided that such negotiated
contract shall be made at the average bid price of the same kind of work let to
contract after advertisement during a period of 60 days prior to the making of
the contract;
(B)
With a railroad company or utility concerning relocation of its tracks or
facilities where the same are not then located on a public road and such
relocation is necessary as an incident to the construction or improvement of a
public road. However, nothing contained in this subsection shall be construed
as requiring the department to furnish a site or right of way for railroad or
railway lines or tracks or utility facilities required to be removed from a
public road. Furthermore, this subsection shall not prevent the department from
assisting in the removal and relocation of publicly owned utilities from
locations on public roads as provided in Code Section 32-6-170;
(C)
For emergency construction or maintenance involving the expenditure of
$50,000.00
$100,000.00
or more when the public interest requires that the work be done without the
delay of advertising for public bids;
(D)
For the procurement of business, professional, or other services from any
person, firm, or corporation as an independent contractor;
(E)
With the State Road and Tollway Authority; or
(F)
Through the provisions of a design-build contract as provided for in Code
Section 32-2-81."
SECTION
2.
Code
Section 32-2-70 of the Official Code of Georgia Annotated, relating to bonds to
be posted by successful bidders on department contracts, is revised as
follows:
"32-2-70.
Where
the contract price exceeds
$50,000.00
$100,000.00,
no department construction contract shall be valid unless the contractor first
gives:
(1)
The performance and payment bonds in accordance with Chapter 10 of Title 13;
and
(2)
Such other bonds or insurance policies required by the department in its
proposal forms, including but not limited to public liability and property
damage insurance bonds or policies."
SECTION
3.
Code
Section 32-4-67 of the Official Code of Georgia Annotated, relating to the
proposal guaranty by the bidder on a county contract, is amended by revising
subsection (a) as follows:
"(a)
No bid, other
than a bid solely for engineering or other kinds of professional services,
will be considered by a county unless it
is accompanied by a proposal guaranty in the form of a certified check or other
acceptable security payable to the county for an amount deemed by the county in
the public interest necessary to ensure that the successful bidder will execute
the contract on which he bid."
SECTION
4.
Code
Section 32-4-69 of the Official Code of Georgia Annotated, relating to bonds of
successful bidders on county contracts, is amended by revising the introductory
language as follows:
"Notwithstanding
any provision of Chapter 91 of Title 36 to the contrary, when the price of a
contract let to
bid, other
than a contract solely for engineering or other kinds of professional
services, is $5,000.00 or more, no
contract of a county shall be valid unless the contractor first
gives:"
SECTION
5.
Code
Section 32-4-119 of the Official Code of Georgia Annotated, relating to bonds of
successful bidders on municipal contracts, is amended by revising the
introductory language as follows:
"Notwithstanding
any provision of Chapter 91 of Title 36 to the contrary, where the contract
price is $5,000.00 or more, no construction contract of a
municipality,
other than a contract solely for engineering or other professional
services, shall be valid unless the
contractor first gives:"
SECTION
6.
This
Act shall become effective on July 1, 2007.
SECTION
7.
All
laws and parts of laws in conflict with this Act are repealed.