GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2005

 

 

SESSION LAW 2006-68

HOUSE BILL 1835

 

 

AN ACT to authorize the board of TRANSPORTATION to approve standard department of TRANSPORTATION contract provisions on differing site conditions, suspensions of work, and changes in character of work, as recommended by the Joint LEGISLATIVE Transportation oversight committee.

 

The General Assembly of North Carolina enacts:

 

SECTION 1.  G.S. 136-28.1(a) reads as rewritten:

"(a)      All contracts over one million two hundred thousand dollars ($1,200,000) that the Department of Transportation may let for construction or repair necessary to carry out the provisions of this Chapter shall be let to a responsible bidder after public advertising under rules and regulations to be made and published by the Department of Transportation. The right to reject any and all bids shall be reserved to the Board of Transportation. Contracts for construction or repair for federal aid projects entered into pursuant to this section shall not contain the standardized contract clauses prescribed by 23 U.S.C. § 112(e) and 23 C.F.R. § 635.131(a) 23 C.F.R. § 635.109 for differing site conditions, suspensions of work ordered by the engineer or significant changes in the character of the work. For those federal aid projects, the Department of Transportation shall use only the contract provisions provided in for differing site conditions, suspensions of work ordered by the engineer, or significant changes in the character of the work developed by the North Carolina Department of Transportation, Standard Specifications for Roads and Structures, January 1, 1984, except as each may be changed or provided for by rule adopted Transportation and approved by the Board of Transportation in accordance with the Administrative Procedure Act.Transportation."

SECTION 2.  This act becomes effective July 1, 2006.

In the General Assembly read three times and ratified this the 30th day of June, 2006.

 

 

                                                                    s/ Charlie S. Dannelly

                                                                         Deputy President Pro Tempore of the Senate

 

 

                                                                    s/ James B. Black

                                                                         Speaker of the House of Representatives

 

 

                                                                    s/ Michael F. Easley

                                                                         Governor

 

 

Approved 2:51 p.m. this 10th day of July, 2006