O.C.G.A. § 32-2-43 (2019)
Director of planning; appointment; responsibilities
Selection of commissioner of transportation; term; vacancy; bond; other elective office. Powers, duties, and authority of commissioner; establishment of divisions.
Authority to contract; form and content of construction contracts; bonds. Limitations on power to contract. Advertising of nonnegotiated construction contracts; approval of negotiated construction contracts; factors to be considered by board for priority of projects. Authority of commissioner to execute contracts and authority lease agreements. Required letting of contracts by public bid; posting bid on department website sufficient. Advertising for bids. Prequalifications of contractors and subcontractors. Payment by bidder to cover costs. Proposal guaranty by bidder. Bidding process and award of contract. Bonds of successful bidder. Failure of successful bidder to sign contract or furnish bonds. Oath by successful bidder. Supplemental and extension agreements. Effect of federal laws on Code Sections through 32-2-73; power of department Sec.
to secure benefits of federal-aid program. Contract clauses for retainage of amounts constituting a percentage of gross value of completed work; time of final payment of retained amounts to contractor. Contract clauses providing for escrow agreements; mandatory provisions of escrow agreements. Liability of treasurer of the department or other appropriate authority and state to contractor or surety.
Annotations
Cross references. - Georgia Regional Transportation Authority, T. 50, C. 32. Editor’s notes. - Ga. L. 2004, p. 898, § 2, not codified by the General Assembly, provides that: ‘‘The department will form a pilot program that will provide a state level flow through point for any available federal funding or other forms of financial and development sources and assistance for local, regional, and public-private streetcar projects. Any funding through
Sec.
Definitions. Reporting on congestion mitigation; letting of projects. Public and private financing of projects; prohibitions; request for proposed process; no delegation of eminent domain; performance and payment security. ‘‘Design-build procedure’’ defined; procedures for utilization; limitation on contracting; report.
bonds for such pilot and grant program shall be administered by the State Road and Tollway Authority.’’ This provision for a pilot program was repealed by Ga. L. 2006, p. 498, § 5/SB 150.
Administrative rules and regulations. - Rules of general applicability, Official Compilation of the Rules and Regulations of the State of Georgia, State Department of Transportation, Chapter 672-1.
RESEARCH REFERENCES Am. Jur. Trials. - Actions Against Road Contractors for Inadequate Warning
of Construction Hazards, 72 Am. Jur. Trials 215.
ARTICLE 1 GENERAL PROVISIONS