SB289 Alabama 2013 Session

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

Relating to public works projects; to designate existing Chapter 2, consisting of Sections 39-2-1 to 39-2-14, inclusive, of Title 39, Code of Alabama 1975, as Article 1 and add Articles 2 and 3, consisting of Sections 39-2-30 to 39-2-34 and 39-2-40 to 39-2-43, inclusive, to Chapter 2 of Title 39, Code of Alabama 1975; and amend Sections 39-2-1 and 39-2-2, Code of Alabama 1975, to authorize the selection of a construction manager at risk or a design-builder; to 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; to provide for the selection of the contractors and subcontractors for the project by the construction manager at risk or a design-builder; to exclude all contracts to be awarded by the Alabama Department of Transportation from Article 2 and Article 3 as created by this act; to provide penalties; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of 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.