AN ACT to change the bonding requirements for up to two department of transportation performance-based contracts for routine maintenance and operations, as recommended by the Joint LEGISLATIVE Transportation oversight committee.

The General Assembly of North Carolina enacts:

SECTION 1.  Section 28.10 of S.L. 2005‑276 reads as rewritten:
"SECTION 28.10.(a)  The Department of Transportation may implement up to two performance‑based contracts for routine maintenance and operations, exclusive of resurfacing.  Selection of firms to perform this work shall be made using a best‑value procurement process.
Prior to any advertisement for a proposed project, the Department shall report to the Joint Legislative Transportation Oversight Committee on the contractor selection criteria to be used.
"SECTION 28.10.(b)  For contracts authorized under this section, notwithstanding G.S. 44A‑26(a)(1) and (a)(2), the Department of Transportation may require the bonds issued pursuant to Article 3 of Chapter 44A of the General Statutes for public construction to be provided on a periodic basis and in the amount to cover that specific period rather than for the entire project duration."
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.

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		 Charlie S. Dannelly
		 Deputy President Pro Tempore of the Senate

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		 James B. Black
	 Speaker of the House of Representatives

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		 Michael F. Easley
	 Governor

Approved __________.m. this ______________ day of ___________________, 2006