Bill Text: GA HB817 | 2011-2012 | Regular Session | Introduced
Bill Title: Transportation, Department of; power to contract; amend limitations
Spectrum: Partisan Bill (Republican 6-0)
Status: (Passed) 2012-07-01 - Effective Date [HB817 Detail]
Download: Georgia-2011-HB817-Introduced.html
12 LC
39 0153S/AP
House
Bill 817 (AS PASSED HOUSE AND SENATE)
By:
Representatives Nimmer of the
178th,
Roberts of the
154th,
Burns of the
157th,
Sheldon of the
105th,
and Dollar of the
45th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend provisions of the Official Code of Georgia Annotated relating to the
Department of Transportation; to amend Title 32 of the Official Code of Georgia
Annotated, relating to highways, bridges, and ferries, so as to amend the
limitations on the department's power to contract; to clarify the procedures for
the posting of a contract bid; to amend restrictions on the department when
contracting for design-build projects; to amend the requirements for the
classification of roads of the state highway system; to allow the department to
require the use of tire chains or certain tires by certain vehicles on limited
access roads during inclement winter weather; to remove the requirement of
county commissioner approval for the designation of a local truck route; to
provide for a 90 day notification requirement for county local truck routes; to
provide for the use of state funds for mass transportation by the department; 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.
Title
32 of the Official Code of Georgia Annotated, relating to highways, bridges, and
ferries, is amended in Code Section 32-2-61, relating to limitations on the
Department of Transportation's power to contract, by revising subsection (d) as
follows:
"(d)(1)
The department is prohibited from negotiating any contract for the construction
or maintenance of a public road involving the expenditure of
$100,000.00
$200,000.00
or more except any contract:
(A)
With counties, municipalities, and state agencies, provided that such negotiated
contract shall be made at the average bid price of the same kind of work let to
contract after advertisement during a period of 60 days prior to the making of
the contract;
(B)
With a railroad company or utility concerning relocation of its tracks or
facilities where the same are not then located on a public road and such
relocation is necessary as an incident to the construction or improvement of a
public road. However, nothing contained in this subsection shall be construed
as requiring the department to furnish a site or right of way for railroad or
railway lines or tracks or utility facilities required to be removed from a
public road. Furthermore, this subsection shall not prevent the department from
assisting in the removal and relocation of publicly owned utilities from
locations on public roads as provided in Code Section 32-6-170;
(C)
For emergency construction or maintenance involving the expenditure of
$100,000.00
$200,000.00
or more when the public interest requires that the work be done without the
delay of advertising for public bids;
(D)
For the procurement of business, professional, or other services from any
person, firm, or corporation as an independent contractor;
(E)
With the State Road and Tollway Authority; or
(F)
Through the provisions of a design-build contract as provided for in Code
Section 32-2-81.
(2)
A department contract negotiated and made with a political subdivision, as
authorized by subparagraph (A) of paragraph (1) of this subsection, may be
subcontracted to any person or political subdivision. It may be performed with
inmate labor, except in the case of a public work constructed with federal aid,
or the forces of such political subdivision or those of a political subdivision
to which such contract has been subcontracted. However, the department shall
have the authority to furnish planning, contract plans, specifications, and
engineering supervision over a public road being constructed by a political
subdivision or by its subcontractor. Any subcontract made under authority of
this subsection shall not constitute the basis of any claim against the
department, nor shall such subcontract be considered an assignment of the rights
of the political
division
subdivision
under its contract with the department."
SECTION
2.
Said
title is further amended in Code Section 32-2-64, relating to the requirement of
letting contracts by public bid, as follows:
"32-2-64.
Except
as authorized by subsection (d) of Code Section 32-2-61, all department
construction and maintenance contracts shall be let by public bid.
For purposes
of this Code section, posting a bid on the department's website shall satisfy
the public bid
requirement."
SECTION
3.
Said
title is further amended in Code Section 32-2-69, relating to the reading of
contract bids by the Department of Transportation, by adding a new subsection to
read as follows:
"(e)
For purposes of this Code section, posting of a bid on the department's website
shall be equivalent to having read the
bid."
SECTION
4.
Said
title is further amended by revising subsection (f) of Code Section 32-2-81,
relating to design-build projects and procedure of the department, as
follows:
"(f)
In contracting for design-build projects, the department shall be limited to
contracting for no more than
30
50
percent of the total amount of construction projects awarded in the previous
fiscal year.
After July
1, 2014, in contracting for design-build projects, the department shall be
limited to contracting for no more than 15 percent of the total amount of
construction projects awarded in the previous fiscal
year."
SECTION
5.
Said
title is further amended by revising Code Section 32-4-20, relating to the
composition of the state highway system, as follows:
"32-4-20.
The
state highway system shall consist of an integrated network of arterials and of
other public roads or bypasses serving as the major collectors therefor. No
public road shall be designated as a part of the state highway system unless it
meets at least one of the following requirements:
(1)
Serves trips of substantial length and duration indicative of regional,
state-wide, or interstate importance;
(2)
Connects adjoining county seats;
(3)
Connects urban or regional areas with outlying areas, both intrastate and
interstate;
or
(4)
Serves as part of the principal collector network for the state-wide and
interstate arterial public
roads
road system;
or
(5)
Serves as part of a programmed road improvement project plan in which the
department will utilize state or federal funds for the acquisition of rights of
way."
SECTION
6.
Said
title is further amended by adding a new Code section to read as
follows:
"32-6-5.
(a)
The department may close or limit access to any portion of road on the state
highway system due to inclement weather that results in dangerous driving
conditions. There shall be erected or posted signage of adequate size
indicating that a portion of the state highway system has been closed or access
has been limited. When the department determines a road shall have limited
access due to inclement winter weather conditions, notice shall be given to
motorists through posted signage that motor vehicles must be equipped with tire
chains, four-wheel drive with adequate tires for existing conditions, or snow
tires with a manufacturer's all weather rating in order to proceed. Such
signage shall inform motorists that it shall be unlawful to proceed on such road
without such equipment. With the exception of buses, operators of commercial
vehicles with four or more drive wheels traveling on a road declared as limited
access due to inclement winter weather conditions shall affix tire chains to at
least four of the drive wheel tires. Bus operators shall affix tire chains to
at least two of the drive wheel tires before proceeding on a road with limited
access due to inclement winter weather conditions. For purposes of this Code
section, the term 'tire chains' means metal chains which consist of two circular
metal loops, positioned on each side of a tire, connected by not less than nine
evenly spaced chains across the tire tread or any other traction devices capable
of providing traction equal to or exceeding that of such metal chains under
similar conditions.
(b)
This Code section shall not apply to a tow operator towing a motor vehicle or
traveling to a site from which a motor vehicle shall be towed or to emergency
responders traveling the roadway in order to fulfill their
duties."
SECTION
7.
Said
title is further amended in Code Section 32-6-26, relating to the weight and
load of a vehicle, by revising subsection (f) to read as follows:
"(f)
On any public road of a county road system, the maximum total gross weight of a
vehicle and load shall not exceed 56,000 pounds unless the vehicle is making a
pickup or delivery on such road; except that if a county road is constructed to
the same standards as those highways of this state which are interstate highways
and is authorized as a designated local truck route pursuant to official
resolution of the county
and
approval of the commissioner, the maximum
weight limits for such designated local truck route shall be the same as those
for highways in this state which are not interstate highways as provided by
paragraph (1) of subsection (c) of this Code section.
The county
shall notify the department of any roads designated by the county as a local
truck route within 90 days of such
designation."
SECTION
8.
Said
title is further amended in Code Section 32-6-50, relating to uniform
regulations governing the erection and maintenance of traffic-control devices,
by revising paragraph (2) of subsection (c) to read as follows:
"(2)
Counties, on their respective road systems, shall place and maintain on each
county road which is authorized as a designated local truck route, pursuant to
official resolution of the county
and
approval of the commissioner, at each
intersection of such road with a state highway signs identifying such county
road as a designated local truck route and giving notice of the maximum weight
limits for such designated local truck route in accordance with subsection (f)
of Code Section 32-6-26."
SECTION
9.
Said
title is further amended in Code Section 32-9-2, relating to the operation of
mass transportation facilities or systems by the department, by revising
paragraph (3) of subsection (c) as follows:
"(3)
The department's participation with state funds in those programs specified in
paragraphs (1) and (2) of this subsection may be in either cash, products, or
in-kind services. The department's participation with state funds shall be
limited to
a maximum
of 15 percent of the cost
the minimum
nonfederal share of the program. The
remainder shall be provided from sources other than department funds or from
revenues from the operation of public mass transportation
systems."
SECTION
10.
This
Act shall become effective on July 1, 2012.
SECTION
11.
All
laws and parts of laws in conflict with this Act are repealed.