§ 32-2-75. Contract Clauses for Retainage of Amounts Constituting a Percentage of Gross Value of Completed Work; Time of Final Payment of Retained Amounts to Contractor
As used in this Code section and Code Sections 32-2-76 and 32-2-77, the term: “Engineer” means the chief engineer or the engineer designated by the Georgia Highway Authority or the State Road and Tollway Authority. “Escrow account” means the certificates of deposit issued by a state or national bank in Georgia and any uninvested cash […]
§ 32-2-76. Contract Clauses Providing for Escrow Agreements; Mandatory Provisions of Escrow Agreements
In lieu of the retained amounts provided for in Code Section 32-2-75, the state is authorized to insert a clause in the specifications of all contracts let and awarded as a result of public lettings for the construction, improvement, maintenance, or repair of any road, highway, bridge, or appurtenance thereto providing for the maintenance of […]
§ 32-2-77. Liability of Treasurer of the Department or Other Appropriate Authority and State to Contractor or Surety
Neither the treasurer of the department or the appropriate authority nor the state shall be liable to the contractor or his surety for the failure of the escrow agent to perform under the escrow agreement, or for the failure of any bank to honor certificates of deposits issued by it which are held in the […]
§ 32-2-78. Definitions
As used in this part, the term: “Alternative contracting method” means a method of contracting authorized by Code Section 32-2-82. “Construction manager/general contractor” means a person the department has selected to perform project delivery pursuant to Code Section 32-2-82. “Participating local governing authority” includes the governing authority of any county or municipality whose geographical jurisdiction […]
§ 32-2-79. Biennial Reporting of Potential Undertakings Best Suited for Public-Private Partnership
At a minimum, the staff of the department shall jointly identify and report to the board by July 31 of each odd-numbered year those potential undertakings best suited for delivery under the procedures of Code Section 32-2-80 and that are expected to provide the greatest public benefit through enhanced public safety, enhanced mobility of goods, […]
§ 32-2-80. Public-Private Partnerships (P3s)
The department shall evaluate a potential project to determine, in the judgment of the department, appropriate or desirable levels of state, local, and private participation in financing such project. In making such determination, the department shall be authorized and encouraged to seek the advice and input of the affected local governing authorities, applicable metropolitan planning […]
§ 32-2-81. Design-Build Procedure
As used in this Code section, the term “design-build procedure” means a method of contracting under which the department contracts with another party for the party to both design and build the structures, facilities, systems, and other items specified in the contract. The department may use the design-build procedure for projects that include buildings, bridges […]
§ 32-2-82. Alternative Contracting Method
The department shall be authorized to utilize an alternative contracting method for project delivery that includes one of the following: An agreement in which a construction manager/general contractor performs two phases of work as follows: The first phase, in which the construction manager/general contractor performs in the capacity of a construction manager, consisting of preconstruction […]
§ 32-2-70. Bonds of Successful Bidder
Where the contract price exceeds $100,000.00, no department construction contract shall be valid unless the contractor first gives: The performance and payment bonds in accordance with Chapter 10 of Title 13; and Such other bonds or insurance policies required by the department in its proposal forms, including but not limited to public liability and property […]
§ 32-2-71. Failure of Successful Bidder to Sign Contract or Furnish Bonds
If the successful bidder fails to sign the contract or furnish the bonds or policies required by Code Section 32-2-70, the proposal guaranty will become the property of the department as liquidated damages. The contract then may be readvertised or the project may be abandoned. History. Code 1933, § 95A-812, enacted by Ga. L. 1973, […]