32-5-242
Section 32-5-242 Requirements as to head lamps and auxiliary driving lamps. (a) Visibility
distance and mounted height of lamps. (1) Whenever requirement is hereinafter declared as
to the distance from which certain lamps and devices shall render objects visible or within
which such lamps or devices shall be visible, the provisions shall apply during the times
stated in Section 32-5-240 in respect to a vehicle without load when upon a straight, level,
unlighted highway under normal atmospheric conditions unless a different time or condition
is expressly stated. (2) Whenever requirement is hereinafter declared as to the mounted height
of lamps or devices it shall mean from the center of such lamp or device to the level ground
upon which the vehicle stands when such vehicle is without a load. (b) Multiple-beam road-lighting
equipment. Except as hereinafter provided, the head lamps or the auxiliary driving lamp or
the auxiliary passing lamp or combination thereof on motor vehicles other...
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9-16-90
/occupiers in such areas prior to any blasting; b. Maintain for a period of at least three
years and make available for public inspection upon request a log detailing the location of
the blasts, the pattern and depth of the drill holes, the amount of explosives used per hole,
and the order and length of delay in the blasts; c. Limit the type of explosives and detonating
equipment, the size, the timing and frequency of blasts based upon the physical conditions
of the site so as to prevent (i) injury to persons, (ii) damage to public and private
property outside the permit area, (iii) adverse impacts on any underground mine, and (iv)
change in the course, channel, or availability of ground or surface water outside the permit
area; d. Require that all blasting operations be conducted by trained and competent persons
as certified by the regulatory authority; e. Provide that upon the request of a resident or
owner of a man-made dwelling or structure within one-half mile of any portion of...
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44-2-10
Interstate Commission may deem appropriate. The executive director shall serve as secretary
to the Interstate Commission, but shall not be a member and shall hire and supervise such
other staff as may be authorized by the Interstate Commission. Section C. Qualified immunity,
defense and indemnification 1. The Commission's executive director and employees shall be
immune from suit and liability, either personally or in their official capacity, for any claim
for damage to or loss of property or personal injury or other civil liability
caused or arising out of or relating to any actual or alleged act, error, or omission that
occurred, or that such person had a reasonable basis for believing occurred within the scope
of commission employment, duties, or responsibilities; provided, that any such person shall
not be protected from suit or liability for any damage, loss, injury, or liability
caused by the intentional or willful and wanton misconduct of any such person or caused by
acts or...
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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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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.)...
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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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23-1-60
Section 23-1-60 Authority of Director of Transportation to alter plans or character of work,
determine need for extra work, make supplemental agreements, etc. The following implementation
of the provisions of the State Department of Transportation standard specifications for highways
and bridges is hereby adopted as a statutory provision, any and all other laws in conflict
notwithstanding: (1) ALTERATION OF PLANS OR CHARACTER OF WORK. The Director of Transportation
shall have the authority to make, at any time during the progress of any construction on any
highway project under his or her jurisdiction, such changes or alterations of construction
details, including alterations in grade or alignment of roadway or bridges, or both, as may
be necessary or desirable for the successful completion of the project. The aforementioned
changes or alterations may or may not increase or decrease the original planned quantities;
however, under no circumstances shall changes or alterations involve...
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8-29-3
Section 8-29-3 Timely payments to contractors and subcontractors; noncompliance with chapter;
percentage of retainage on payments. (a) When a contractor has performed pursuant to his or
her contract and submits an application or pay request for payment or an invoice for materials,
to the owner or owner's representative, the owner shall timely pay the contractor by mailing
via first class mail or delivering the amount of the pay request or invoice in accordance
with the payment terms agreed to by the owner and the contractor, the agreed upon payment
terms must be specified in all contract documents, but if payment terms are not agreed to,
then within 30 days after receipt of the pay request or invoice. (b) When a subcontractor
has performed pursuant to his or her contract and submits an application or pay request for
payment or an invoice for materials to a contractor in sufficient time to allow the contractor
to include the application, request, or invoice in his or her own pay request...
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23-1-331
Section 23-1-331 Definitions. Where used in this article, the following words shall have the
following meanings: (1) BRIDGE REPLACEMENT. Bridge replacement includes the replacement of
existing bridge structures and, if necessary, the realignment of the adjacent approaches.
If the route is to be four-laned, it includes the construction of a new bridge for the two
new lanes. (2) CONSTRUCTION, CONSTRUCT, or CONSTRUCTING. The act of completing a project.
The physical building of the roadway, bridges, and appendages thereto. (3) COUNTY ROADS. All
paved or unpaved public roads, including bridges, within a county on the county road system
and continuing into or through the corporate limits of any city or town in a county which
are not a part of the state highway system. (4) DEPARTMENT OF TRANSPORTATION. That state department
created by Section 23-1-20. (5) OBLIGATION LIMIT. That point in obligating or budgeting funds
for projects that the Transportation Director may not exceed by approving...
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31-13-9
Section 31-13-9 Verification of employment eligibility by employers seeking economic incentives.
(a) As a condition for the award of any contract, grant, or incentive by the state, any political
subdivision thereof, or any state-funded entity to a business entity or employer that employs
one or more employees, the business entity or employer shall not knowingly employ, hire for
employment, or continue to employ an unauthorized alien within the State of Alabama. (b) As
a condition for the award of any contract, grant, or incentive by the state, any political
subdivision thereof, or any state-funded entity to a business entity or employer that employs
one or more employees within the State of Alabama, the business entity or employer shall provide
documentation establishing that the business entity or employer is enrolled in the E-Verify
program. During the performance of the contract, the business entity or employer shall participate
in the E-Verify program and shall verify every...
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