Bill Text: GA HB771 | 2009-2010 | Regular Session | Introduced

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Bill Title: Erosion and sediment control plan; implemented through separate contract; require

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2009-03-20 - House Second Readers [HB771 Detail]

Download: Georgia-2009-HB771-Introduced.html

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09 LC 34 2245

House Bill 771

By: Representative Knight of the 126th

A BILL TO BE ENTITLED
AN ACT

To amend Code Section 12-7-7.1 of the Official Code of Georgia Annotated, relating to the preparation and implementation of an erosion and sediment control plan, so as to require the plan be implemented through a separate contract with a qualified person as defined herein; 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 12-7-7.1 of the Official Code of Georgia Annotated, relating to the preparation and implementation of an erosion and sediment control plan, is amended by revising subsection (d) as follows:

"(d)(1) All bidders for any construction, or maintenance, or erosion and sediment control project subject to this Code section shall review and submit with their bid proposal a cost estimate as a separate bid for the implementation of the erosion and sediment control plan, it being understood that the contractor may shall utilize either its own personnel and resources, qualified subcontractors, or both only qualified personnel as defined in paragraph (12) of Code Section 12-7-3 for implementation of the plan. The contract for the design and implementation of the erosion and sediment control plan shall be awarded separately and shall not be combined with any other construction or maintenance project contract. All contractors and subcontractors for such project shall be prequalified by the Department of Transportation as a responsible bidder qualified personnel as defined in paragraph (12) of Code Section 12-7-3 for the installation of erosion and sediment control devices in accordance with a plan. The division shall assist the Department of Transportation in developing the prequalification approval process for purposes of this subsection.

(2) The contractor for a construction, or maintenance, or erosion and sediment control project subject to this Code section shall be responsible for implementing the plan on the awarded project. Payment to any contractor under any contract for implementing any part or all of any plan shall not be on a lump sum basis; rather, such payment shall be based upon unit prices for specific quantities of work performed pursuant to the approved erosion and sediment control plan plus any additional quantities of completed work necessitated by project conditions affecting erosion and sediment control, including without limitation soil types and weather conditions. Charges for all maintenance and cleaning of erosion and sediment control devices shall likewise be paid on a unit price basis."

SECTION 2.

This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.