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6-5-701
Section 6-5-701 Reliance upon specifications. A contractor is justified ordinarily in relying
upon the specifications that are contained in the contract with an awarding authority. No
contractor shall be held civilly liable for work performed on a highway, road, bridge, or
street including repairs, construction, or maintenance on behalf of the awarding authority
unless it is shown by a preponderance of the evidence that physical injury, property damage,
or death is proximately caused by any of the following: (1) A failure by the contractor to
follow the plans and specifications resulting in a dangerous condition. (2) The contractor's
performance of the contract in compliance with the plans and specifications creates a condition
that should have appeared, to a reasonably prudent contractor, to be a dangerous condition.
(3) A latent defect which creates a dangerous condition that is the result of the work of
the contractor. (Act 2012-225, p. 414, §2.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-5-701.htm - 1K - Match Info - Similar pages
6-5-702
Section 6-5-702 Compliance with contract documents. During the course of construction, a contractor
who constructs, maintains, or repairs a highway, road, street, or bridge for the awarding
authority is not liable to a claimant for personal injury, property damage, or death arising
from the performance of such construction, maintenance, or repair, if, at the time of the
personal injury, property damage, or death, the contractor was in compliance with contract
documents material to the condition, including the traffic control plan, that was the proximate
cause of the personal injury, property damage, or death unless following the plans and specifications
would result in a dangerous condition that should have appeared to be defective to a reasonably
prudent contractor or that the contractor should have known that following the plans and specifications
could create a dangerous condition that caused the injury or death. (Act 2012-225, p. 414,
§3.)...
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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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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, §4.)...
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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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/39-2-12.htm - 18K - Match Info - Similar pages
6-5-705
Section 6-5-705 Dangerous conditions outside scope of project. The contractor shall bear no
civil liability for any dangerous condition that is outside of the scope of the project or
that is in excess of any requirement of the governing plans and specifications provided by
the awarding authority. This section shall not apply to either of the following situations:
(1) The contractor contracts to design in whole or in part the roadway or project or to provide
professional engineering services as to the design of the roadway. (2) The contractor undertakes
to provide services as to the roadway or project that are outside the scope of the project
or that are in excess of any requirement of the governing plans and specifications. (Act 2012-225,
p. 414, §6.)...
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22-6-7.1
Section 22-6-7.1 Procurement of prescription eyewear. Contracts for the procurement of prescription
eyewear for recipients of the Alabama Medicaid Program which are competitively bid may be
awarded to the bidder whose proposal is the most advantageous to the state for periods not
to exceed three years taking into consideration cost factors, program stability factors, technical
factors including understanding of program requirements, management plan, excellence of program
design, key personnel, corporate or company resource and designated location, and other factors
including financial condition and capability of the bidder, corporate experience and past
performance and priority of the business to insure the contract awarded is the best for the
purposes required. Each of these criteria shall be given relative weight value as designated
in the invitation to bid. Responsiveness to the bid shall be scored for each designated criteria.
If, for reasons cited above, the bid selected is not...
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39-1-1
Section 39-1-1 Bonds required of persons contracting for public works; commencement, etc.,
of actions upon bond by persons supplying labor, etc., to contractor; offer to accept judgment;
notice of completion of project by contractor and final settlement; applicability. (a) Any
person entering into a contract with an awarding authority in this state for the prosecution
of any public works shall, before commencing the work, execute a performance bond, with penalty
equal to 100 percent of the amount of the contract price. In addition, another bond, payable
to the awarding authority letting the contract, shall be executed in an amount not less than
50 percent of the contract price, with the obligation that the contractor or contractors shall
promptly make payments to all persons supplying labor, materials, or supplies for or in the
prosecution of the work provided in the contract and for the payment of reasonable attorneys'
fees incurred by successful claimants or plaintiffs in civil...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/39-1-1.htm - 6K - Match Info - Similar pages
39-2-6
Section 39-2-6 Award of contract; additional competitive bids; work done by force account;
availability of plans, etc.; use of convict labor; assignment of contract; agreements, etc.,
among bidders; advance disclosure; life cycle costs. (a) The contract shall be awarded to
the lowest responsible and responsive bidder, unless the awarding authority finds that all
the bids are unreasonable or that it is not to the interest of the awarding authority to accept
any of the bids. A responsible bidder is one who, among other qualities determined necessary
for performance, is competent, experienced, and financially able to perform the contract.
A responsive bidder is one who submits a bid that complies with the terms and conditions of
the invitation for bids. Minor irregularities in the bid shall not defeat responsiveness.
The bidder to whom the award is made shall be notified by telegram, confirmed facsimile, or
letter at the earliest possible date. If the successful bidder fails or refuses to...
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