SB289 Alabama 2013 Session

Summary

Primary Sponsor

Mark Slade Blackwell

Republican

Co-Sponsors

Paul SanfordJ.T. WaggonerDick Brewbaker

Session

Regular Session 2013

Title

Public Works Contracts, construction manager at risk and design-builder selection authorized, Department of Transportation excluded Articles 2 and 3, Secs. 39-2-1, 39-2-2 am'd.; Secs. 39-2-30 to 39-2-33, inclusive, 39-2-40 to 39-2-43, inclusive, added

Description

This bill would give public owners new alternative means for procuring design and construction services for public works contracts by making available the construction manager at risk and design-build project delivery methods as additional options when determined by the awarding authority that these alternative project delivery methods potentially offer better value to taxpayers than the traditional design-bid-build method.

In addition to any existing design-bid-build project delivery method, this bill would provide awarding authorities the alternatives of selecting a construction manager at risk or a design-builder, would specify that a construction manager at risk or a design-builder assumes the risk for construction, rehabilitation, alteration, or repair of a public works project at the contracted price, and would provide for the selection of all contractors and subcontractors necessary to complete the public works project by the construction manager at risk or design-build process.

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose.

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment.

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Subjects

Public Works Contracts