Title 36 — Title 36
0 chapters · 603 sections in this title.
O.C.G.A. § 36-91-1 Short title
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This chapter shall be known and may be cited as the ‘‘Georgia Local Government Public Works Construction Law.’’ History. — Code 1981, § 36-91-1, enacted by Ga. L. 2001, p. 820, § 12.
O.C.G.A. § 36-91-100 Definitions
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As used in this article, the term: 1411 36-91-101 (1) ‘‘Affected local government’’ means any county, municipality, or consolidated government in which water storage facilities of a project are located or proposed to be located, which will receive for local use water or services …
O.C.G.A. § 36-91-110 Definitions
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As used in this article, the term: (1) ‘‘Comprehensive agreement’’ means the written agreement between the private entity and the local government required by Code Section 36-91-115. (2) ‘‘Develop’’ or ‘‘development’’ means to plan, design, develop, finance, lease, acquire, insta…
O.C.G.A. § 36-91-112 Model guidelines
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(a) Prior to executing any comprehensive agreement for the development or operation of a qualifying project pursuant to an unsolicited proposal received by a local government under this article, the local government shall adopt either: (1) The model guidelines from the Partnershi…
O.C.G.A. § 36-91-113 Unsolicited proposals
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(a) If a local government adopts a rule, regulation, or ordinance affirming its participation in the process created in this article, a private entity may submit an unsolicited proposal for a project to the local government for review and determination as a qualifying project in …
O.C.G.A. § 36-91-114 Approval process
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(a) The local government may approve the project in an unsolicited proposal submitted by a private entity pursuant to Code Section 36-91-113 as a qualifying project. Determination by the local government of a qualifying project shall not bind the local government or the private e…
O.C.G.A. § 36-91-115 Comprehensive agreement
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(a) The comprehensive agreement entered into between the local government and the private entity selected in accordance with this article shall include: (1) A thorough description of the duties of each party in the completion and operation of the qualifying project; (2) Dates and…
O.C.G.A. § 36-91-116 Default and remedies
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(a) In the event of a material default by the private entity, the local government may terminate, with cause, the comprehensive agreement and exercise any other rights and remedies that may be available to it at law or in equity, including, but not limited to, claims under the ma…
O.C.G.A. § 36-91-117 Powers
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All power or authority granted by this article to public entities shall be in addition and supplemental to, and not in substitution for, the powers conferred by any other general, special, or local law. The limitations imposed by this article shall not affect the powers conferred…
O.C.G.A. § 36-91-118 Sovereign or official immunity
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Nothing in this article shall be construed as or deemed a waiver of the sovereign or official immunity of any local government or any officer or employee thereof with respect to the participation in, or approval of, all or any part of the qualifying project or its operation, incl…
O.C.G.A. § 36-91-2 Definitions
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As used in this chapter, the term: (1) ‘‘Alternate bids’’ means the amount stated in the bid or proposal to be added to or deducted from the amount of the base bid or base proposal if the corresponding change in project scope or alternate materials or methods of construction is a…
O.C.G.A. § 36-91-21 Competitive award requirements
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(a) It shall be unlawful to let out any public works construction contracts subject to the requirements of this chapter without complying with the competitive award requirements contained in this Code section. Any contractor who performs any work of the kind in any other manner a…
O.C.G.A. § 36-91-22 Exceptions; use of inmate labor; emergency situations
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(a) The requirements of this chapter shall not apply to public works construction projects, when the same can be performed at a cost of less than $100,000.00. Public works construction projects shall not be subdivided in an effort to evade the provisions of this chapter. (b) Any …
O.C.G.A. § 36-91-40 Approval and filing of bonds with treasurer
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(a)(1) Any bid bond, performance bond, payment bond, or security deposit required for a public works construction contract shall be approved and filed with the treasurer or the person performing the duties usually performed by a treasurer of the obligee named therein. At the opti…
O.C.G.A. § 36-91-41 No bid bond required under certain circumstances
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When a governmental entity invites competitive sealed proposals for a public works construction project and the request for proposals for such project states that price or project cost will not be a selection or evaluation factor, no bid bond shall be required unless the governme…
O.C.G.A. § 36-91-51 Cash in lieu of bid bonds; letters of credit
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(a) In lieu of the bid bond provided for in Code Section 36-91-50, the governmental entity may accept a cashier’s check, certified check, or cash in the amount of not less than 5 percent of the total amount payable by the terms of the contract payable to and for the protection of…
O.C.G.A. § 36-91-54 Short title
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Definitions. PART 3 Article 2 PERFORMANCE BONDS Contracting and Bidding Requirements 36-91-20. 36-91-21. 36-91-22. 36-91-23. 36-91-24. Affiliated corporation defined; forfeit of security by affiliated corporation. Action on breach of bond. 36-91-70. Written contract required; adv…
O.C.G.A. § 36-91-70 Requirement of performance bonds
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Performance bonds shall be required for all public works construction contracts subject to the requirements of this chapter with an estimated contract amount greater than $100,000.00; provided, however, that a governmental entity may require a performance bond for public works co…
O.C.G.A. § 36-91-71 Acceptable substitutes for bond
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When the amount of the performance bond required under this article does not exceed $750,000.00, the governmental entity may, in its 1404 36-91-90 sole discretion, accept an irrevocable letter of credit by a bank or savings and loan association, as defined in Code Section 7-1-4, …
O.C.G.A. § 36-91-72 Action on performance bond
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The obligee in any performance bond required to be given in accordance with this article shall be entitled to maintain an action thereon at any time upon any breach of such bond; provided, however, no action can be instituted on the bonds or security deposits after one year from …
O.C.G.A. § 36-91-90 Requirement for payment bonds
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Payment bonds shall be required for all public works construction contracts subject to the requirements of this chapter with an estimated contract amount greater than $100,000.00; provided, however, that a governmental entity may require a payment bond for public works constructi…
O.C.G.A. § 36-91-92 Notice of commencement
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(a) The contractor furnishing the payment bond or security deposit shall post on the public works construction site and file with the clerk of the superior court in the county in which the site is located a notice of commencement no later than 15 days after the contractor physica…
O.C.G.A. § 36-91-94 Providing copy of bond or security deposit agreement
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The official who has the custody of the bond or security deposit required by this article is authorized and directed to furnish to any person making application therefor a copy of the bond or security deposit agreement and the contract for which it was given, certified by the off…
O.C.G.A. § 36-91-95 Time limitation
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No action can be instituted on the payment bonds or security deposits after one year from the completion of the contract and the acceptance of the public works construction by the proper public authorities. Every action instituted under this article shall be brought in the name o…