§ 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, […]
§ 32-2-72. Oath by Successful Bidder
A successful bidder, before commencing the work, shall execute a written oath, as required by subsection (e) of Code Section 36-91-21, stating that he or she has not violated such Code section which makes it unlawful to restrict competitive bidding. History. Code 1933, § 95A-813, enacted by Ga. L. 1973, p. 947, § 1; Ga. […]
§ 32-2-73. Supplemental and Extension Agreements
The department shall be authorized to execute supplemental agreements to the original contract covering changes or revised or new unit prices and items and supplementing the original contract not to exceed a 20 percent increase in cost of the project and to execute extension agreements affecting the length of the project which may be increased […]
§ 32-2-74. Effect of Federal Laws on Code Sections 32-2-60 Through 32-2-73; Power of Department to Secure Benefits of Federal-Aid Program
Nothing in Code Sections 32-2-60 through 32-2-73 is intended to conflict with any federal law; and, in case of such conflict, such portion of those Code sections as may be in conflict with such federal law is declared of no effect to the extent of the conflict. The department is authorized to take the necessary […]
§ 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 […]
§ 32-2-68. Proposal Guaranty by Bidder
No bid for capital construction or capital maintenance will be considered by the department unless it is accompanied by a proposal guaranty in the form of a certified check or other acceptable security payable to the treasurer of the department for an amount deemed by the department to be in the public interest and necessary […]
§ 32-2-69. Bidding Process and Award of Contract
Except as authorized by Code Sections 32-2-79, 32-2-80, and 32-2-82, the department shall award contracts to the lowest reliable bidder, provided that the department shall have the right to reject any and all such bids whether such right is reserved in the public notice or not and, in such case, the department may readvertise, perform […]