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 any work beyond the termini of the original construction project, except as may be necessary to satisfactorily complete the project in the most feasible and economical manner, in the judgment of the Director of Transportation.
(2) EXTRA WORK. The Director of Transportation shall have the authority to determine the need for new or additional work not contemplated or included in the original construction contract. This new or additional work shall not extend beyond the termini of the original construction project, except as may be necessary to satisfactorily complete the project in the most feasible and economical manner, in the judgment of the Director of Transportation.
(3) SUPPLEMENTAL AGREEMENT OR FORCE ACCOUNT ORDER.
a. The Director of Transportation shall have the authority to enter into a supplemental contract with the prime contractor, setting forth the estimated quantities of extra work and specifying the unit prices or lump sum agreed upon by the parties involved; provided, that such supplemental contract shall not be subject to any competitive bid laws of this state. If a satisfactory unit price or lump sum cannot be agreed upon, the Director of Transportation shall have the authority to direct that extra work be performed on a force account basis, as defined by the State Department of Transportation standard specifications for highways and bridges.
b. Notwithstanding any other provision of law to the contrary, any additional, new, or extra work, or work changes, alterations, or requirements, arising out of or relating to the original contract, may be authorized by the Director of Transportation without the approval of the Governor, provided that the increased amount does not exceed one hundred thousand dollars ($100,000) or 10 percent of the initial contract amount, whichever is greater, and the increased amounts in the aggregate do not exceed two hundred thousand dollars ($200,000). Any decrease or underrun of the contract may be authorized by the Director of Transportation without the approval of the Governor. The Department of Transportation shall develop procedures to implement this paragraph.
Structure Code of Alabama
Title 23 - Highways, Roads, Bridges and Ferries.
Article 2 - Department of Transportation.
Section 23-1-21 - Director of Transportation.
Section 23-1-21.1 - Definitions.
Section 23-1-21.2 - Authority of Director With Regard to Public Transportation.
Section 23-1-21.4 - Deputy Directors.
Section 23-1-23 - Chief Engineer - Qualifications.
Section 23-1-24 - Chief Engineer - Duties.
Section 23-1-25 - Legal Division - Creation; Appointment of Chief Counsel.
Section 23-1-27 - Legal Division - Salaries.
Section 23-1-28 - Legal Division - Offices, etc.; Expenses.
Section 23-1-29 - Legal Division - Charging of Salaries and Expenses.
Section 23-1-30 - Legal Division - Functions and Duties.
Section 23-1-31 - Legal Division - Private Practice Prohibited.
Section 23-1-32 - Offices; Director Full-Time Position.
Section 23-1-33 - Official Records of Department; Appointment of Assistants and Personnel.
Section 23-1-35 - Annual Report to Governor.
Section 23-1-36 - Employees Used on Transferred County Roads and Bridges.
Section 23-1-37 - Use of Convict Labor.
Section 23-1-38 - Paying Expenses of Nonemployees Prohibited.
Section 23-1-39 - Seal; Power to Administer Oaths, Etc.
Section 23-1-40 - Duties and Powers Generally.
Section 23-1-41 - Self-Insurance Program for Department Employees.
Section 23-1-42 - Roads, etc., Located on State Institutions.
Section 23-1-43 - State Agricultural Experiment Station Roads.
Section 23-1-44 - Right of Entry for Purpose of Making Surveys and Taking Soil Samples.
Section 23-1-45 - Acquisition of Rights-of-Way.
Section 23-1-46 - Changes or Additions to State Road System.
Section 23-1-47 - Authority to Maintain, etc., City and Town Streets and Roads.
Section 23-1-48 - Application by Counties for Construction or Maintenance of State Road or Bridge.
Section 23-1-49 - Furnishing of Competent Engineers.
Section 23-1-50 - Authority to Procure Equipment; Payment of Expenses.
Section 23-1-51 - Purchase of Motor Fuels, Oils, Greases, and Lubricants.
Section 23-1-52 - License Exemption for Vehicles of Department.
Section 23-1-53 - Contracts to Do Work - Authority.
Section 23-1-54 - Contracts to Do Work - How Drawn and Approved.
Section 23-1-55 - Contracts to Do Work - Preconditions.
Section 23-1-56 - Contracts to Do Work - Qualification of Bidders.
Section 23-1-59 - Rules and Regulations of Department.
Section 23-1-62 - State Highway Fund - Purposes for Which Used.
Section 23-1-65 - Disposal of Surplus Personal Property - Availability; List of Surplus Property.
Section 23-1-66 - Disposal of Surplus Personal Property - Sale Procedures.