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6-5-703
Section 6-5-703 Notification of potentially dangerous conditions. If, prior to or during the
course of construction, a contractor discovers or determines that following the plans and
specifications could result in a potentially dangerous condition, then the contractor shall,
with specificity of such condition, expressly notify the Chief Engineer of the Alabama Department
of Transportation in writing by certified mail, return receipt requested. The Alabama Department
of Transportation, or the awarding authority, shall respond to the specific condition raised
within 14 days in writing as to its decision as to the appropriate response to the dangerous
condition. The contractor shall not be liable for any claim relating to any decision made
by the Alabama Department of Transportation or awarding authority as to the appropriate response,
design decisions, or engineering decision, if any, to respond to the potentially dangerous
condition identified. (Act 2012-225, p. 414, ยง4.)...
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6-5-700
Section 6-5-700 Definitions. For the purposes of this article, the following terms shall have
the following meanings: (1) AWARDING AUTHORITY. a. The Alabama Department of Transportation,
if the contractor enters into a contract with the State of Alabama to construct, repair, or
maintain a highway, a road, or a street for the State of Alabama; or b. The county governing
body, if the contractor enters into a contract with that county to construct, repair, or maintain
a highway, a road, or a street for that county; or c. The governing body of any other local
government, if the contractor enters into a contract with that local government to construct,
repair, or maintain a highway, a road, or a street for that local government. (2) CONCLUSION
OF PROJECT. The date that the awarding authority notifies the contractor, in writing, that
the awarding authority has assumed maintenance responsibilities for the roadway or 60 days
after the contractor has notified, in writing, the awarding authority...
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41-16-27
Section 41-16-27 Manner of awarding contracts; records; exemptions. (a) When purchases are
required to be made through competitive bidding, award shall, except as provided in subsection
(f), be made to the lowest responsible bidder taking into consideration the qualities of the
commodities proposed to be supplied, their conformity with specifications, the purposes for
which required, the terms of delivery, transportation charges, and the dates of delivery,
provided, that the awarding authority may at any time within 30 days after the bids are opened
negotiate and award the contract to anyone, provided he or she secures a price at least five
percent under the low acceptable bid. The award of such a negotiated contract shall be subject
to approval by the Director of Finance and the Governor, except in cases where the awarding
authority is a two-year or four-year college or university governed by a board. The awarding
authority or requisitioning agency shall have the right to reject any...
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16-6F-6
Section 16-6F-6 Authorization of establishment; Alabama Public Charter School Commission; registration
requirements; powers and duties of authorizers. (a) Eligible authorizing entities. (1) A public
charter school shall not be established in this state unless its establishment is authorized
by this section. No governmental entity or other entity, other than an entity expressly granted
chartering authority as set forth in this section, may assume any authorizing function or
duty in any form. The following entities shall be authorizers of public charter schools: a.
A local school board, for chartering of schools within the boundaries of the school system
under its jurisdiction, pursuant to state law. b. The Alabama Public Charter School Commission,
pursuant to this section. (2) A local school board that registers as an authorizer may approve
or deny an application to form a public charter school within the boundaries of the local
school system overseen by the local school board. (3) All...
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6-5-710
Section 6-5-710 Definitions. For purposes of this article the following terms shall have the
following meanings: (1) AWARDING AUTHORITY. a. The Alabama Department of Transportation, if
the project is either for, or is funded in whole or in part by, the State of Alabama to construct,
repair, resurface, refurbish, replace, remove, modify, alter, or otherwise improve any public
or private infrastructure, including any public-private partnership project, for which construction
monitoring services are contracted. b. A county, city, town, or municipality that appropriates
public funds for the construction, repair, resurfacing, refurbishment, replacement, removal,
modification, alteration, or other improvement of any public or private infrastructure, including
any public-private partnership project, for which construction monitoring services are contracted.
c. All other state, county, or municipal boards, bodies, commissions, agencies, departments,
institutions, and instrumentalities, and...
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39-2-12
Section 39-2-12 Partial and final payments of contractors by awarding authorities. (a) As used
in this section the following words shall have the meanings ascribed to them as follows: (1)
CONTRACTOR. Any natural person, partnership, company, firm, corporation, association, limited
liability company, cooperative, or other legal entity licensed by the Alabama State Licensing
Board for General Contractors. (2) NONRESIDENT CONTRACTOR. A contractor which is neither a.
organized and existing under the laws of the State of Alabama, nor b. maintains its principal
place of business in the State of Alabama. A nonresident contractor which has maintained a
permanent branch office within the State of Alabama for at least five continuous years shall
not thereafter be deemed to be a nonresident contractor so long as the contractor continues
to maintain a branch office within Alabama. (3) RETAINAGE. That money belonging to the contractor
which has been retained by the awarding authority conditioned on...
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39-2-4
Section 39-2-4 Filing of guaranties by bidders; prequalification procedures and criteria; responsibility
of prequalified bidders; revocation of prequalification; rejection of bidder. (a) The bidder
shall be required to file with his or her bid either a cashier's check drawn on an Alabama
bank or a bid bond executed by a surety company duly authorized and qualified to make such
bonds in the State of Alabama, payable to the awarding authority for an amount not less than
five percent of the awarding authority's estimated cost or of the contractor's bid, but in
no event more than ten thousand dollars ($10,000), except if the awarding authority is the
Department of Transportation, then the bid guarantee shall not be more than fifty thousand
dollars ($50,000). The bid guaranties as provided in this section shall constitute all of
the qualifications or guaranty to be required of contractors as prerequisites to bidding for
public works, except as required by the State Licensing Board for...
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39-2-3
Section 39-2-3 Fees to be paid Department of Transportation for proposals, plans, and specifications;
deposit for bid documents; furnishing of plans and specifications to building exchanges, etc.
(a) For contracts let by the Department of Transportation, proposals may be obtained only
upon payment of a fee, to be determined by the Department of Transportation, not in excess
of five dollars ($5). Plans and specifications may be obtained only upon payment of a fee,
to be determined by the Department of Transportation, not to exceed the actual cost of printing
such plans and specifications. (b) For all other awarding authorities, an adequate number
of sets of bid documents, as determined by the awarding authority, may be obtained by prime
contractor bidders upon payment of a deposit for each set, which deposit shall not exceed
twice the cost of printing, reproduction, handling, and distribution of each set. The deposit
shall be refunded in full to each prime contractor bidder upon return...
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23-1-56
Section 23-1-56 Contracts to do work - Qualification of bidders. (a) Prequalifications of contractors.
The Director of Transportation shall require all bidders to furnish a statement under oath,
on such forms as the State Department of Transportation may prescribe, of detailed information
with respect to their financial resources, equipment, past record, and experience of both
the firm and personnel of the organization, together with such other information as the State
Department of Transportation may deem necessary for carrying out the provisions of this chapter.
Such forms shall include a financial statement actually prepared by a certified public accountant
(C.P.A.) or any independent licensed public accountant approved by the Alabama State Department
of Transportation, an inventory of equipment listing its location and book value, a listing
of material and equipment houses with whom a line of credit is established as well as those
firms from whom principal materials and equipment...
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39-2-11
Section 39-2-11 Proceedings upon failure of successful bidders to execute contracts and furnish
bonds, etc.; death of a low bidder; effect of failure of awarding authorities to complete
execution of contracts and issue proceed orders; withdrawal of low bid upon discovery of mistake.
(a) Should the successful bidder or bidders to whom a contract is awarded fail to execute
a contract and furnish acceptable contract securities and evidence of insurance as required
by law within the period as set forth in Section 39-2-8, the awarding authority shall retain
from the proposal guaranty, if it is a cashier's check, or recover from the principal or the
sureties, if the guaranty is a bid bond, the difference between the amount of the contract
as awarded and the amount of the proposal of the next lowest bidder. If no other bids are
received, the full amount of the proposal guaranty shall be so retained or recovered as liquidated
damages for such default. Any sums so retained or recovered shall be...
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