Code of Alabama

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23-1-2
Section 23-1-2 Bid guaranty. Any other provisions of the law to the contrary notwithstanding,
bidders for contract projects which contracts are with the State of Alabama, in behalf of
the Department of Transportation, to be paid, in whole or in part, from funds allocated to
the Department of Transportation from any source whatsoever, or where contracts are with any
of the several counties of the state for a highway, road, street, or bridge project, to be
paid for, in whole or in part, from funds allocated to the county from any source whatsoever,
shall be required to file with the bid, as a bid guaranty, a certified check or bid bond payable
to the awarding authority as follows: (1) A certified check payable to the awarding authority
for an amount not less than five percent of the contractor's bid, but in no event more than
fifty thousand dollars ($50,000); or (2) A bid bond payable to the awarding authority in an
amount not less than five percent of the bid, but in no event more than...
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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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39-2-11
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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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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40-17-371
Section 40-17-371 Cost of collection; distribution of tax proceeds. (a) The Alabama Department
of Revenue shall retain one-quarter of one percent (0.25%) of the tax proceeds, less any refunds,
from this additional excise tax on gasoline and diesel fuel for its cost of collection. The
department may adopt rules and such forms as may be necessary for the administration of the
excise tax provided for in this article. (b) Each month, prior to the remaining payments provided
in this article, up to $750,000 of the tax proceeds from the additional excise tax on gasoline
and up to $230,000 of the tax proceeds from the additional excise tax on diesel fuel shall
be distributed first to the Alabama Highway Finance Corporation for the payment of the principal
of and interest on bonds to be issued by it to finance improvements to the ship channel providing
access to the facilities of the Alabama State Docks, to the extent necessary for such purpose.
The amount distributed pursuant to this section...
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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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23-1-66
Section 23-1-66 Disposal of surplus personal property - Sale procedures. (a) This section shall
apply only to the property which has been held by the State Department of Transportation for
a period of not less than 60 days from the date the property is first published in the list
of surplus personal property, as set out in subsection (b) of Section 23-1-65 and not purchased
by any agency as set out in subsection (c) of Section 23-1-64. (b) All contracts made by,
or on behalf of, the State Department of Transportation for the sale or disposal of tangible
personal property owned by the State Department of Transportation, other than types of property,
the disposal of which is otherwise provided for by law, or which, by nature, are incapable
of sale by auction or bid, shall be let by free and open competitive public auction or sealed
bids. (c) Every proposal to make a sale covered by this section shall be advertised for at
least two weeks in advance of the date fixed for receiving bids....
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23-1-431
Section 23-1-431 (This section terminates April 26, 2018, if no revenue is created.) Alabama
Transportation Safety Fund. There is hereby created the Alabama Transportation Safety Fund
in the State Treasury. All proceeds from the revenues designated to the fund less the cost
of collection authorized by law shall be deposited into the fund to be expended only as provided
in this article. The provisions of this article shall not be superseded, amended, altered,
violated, or overridden by any provision of the state General Fund appropriation act or any
other annual or supplemental appropriation act, administrative rule, inter-agency transfer,
or executive order or directive. The monies allocated to counties and municipalities from
the fund shall be in addition to and shall not diminish any other revenues allocated or distributed
from other sources. Proceeds deposited into the fund shall be distributed as follows: (1)
The first thirty-two million dollars ($32,000,000) of the proceeds paid...
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16-6F-10
Section 16-6F-10 Reporting of enrollment, attendance, etc.; funding. (a) Enrollment. Students
enrolled in and attending public charter schools shall be included in all enrollment and attendance
counts of students of the local school system in which the students reside. The public charter
school shall report all such data to the local school systems of residence in a timely manner.
Each local school system shall report such enrollment, attendance, and other counts of students
to the department in the manner required by the department. (b) Operational funding. (1) The
following provisions govern operational funding: a. In their initial year, and in subsequent
years to accommodate growth as articulated in their application, funding for public charter
schools shall be provided from the Education Trust Fund in the Foundation Program appropriation
for current units. Subsequent year funding for public charter schools shall be based on the
Foundation Program allocation and other public school...
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16-16A-7
Section 16-16A-7 Additional findings; bonds authorized; procedures. (a) The Legislature finds
that the number of students attending the several school systems located in those areas of
North Alabama that will be directly impacted by the 2005 BRAC and Subsequent BRAC Actions
will collectively increase by an estimated 9,000 students. As a result, there will be a need
for the construction of additional school facilities as well as the renovation of existing
school facilities. The Legislature also finds that the 2005 BRAC and Subsequent BRAC Actions
will have a positive impact on future receipts to the Education Trust Fund, as the significant
population growth in North Alabama will increase sales, income, and other tax collections.
Thus, it is an efficient use of state funds to allow such revenue growth to help pay for capital
improvement costs associated with BRAC-related school construction. (b) The Alabama Public
School and College Authority is hereby authorized to sell and issue its...
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