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