HB275 Alabama 2015 Session

Updated Jul 24, 2021

House Bill

In Committee

Current Status

Regular Session 2015

Session

1

Sponsor

Summary

Primary Sponsor: Mark Tuggle
Republican
Session: Regular Session 2015
Title: Public works contracts, alternative project delivery methods authorized, selection of construction manager/general contractor, penalties for violations, Secs. 39-2-40 to 39-2-43, inclusive, 39-2-60 to 39-2-69, inclusive, added; Secs. 39-2-1, 39-2-2 am'd.
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/general contractor 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 design-bid-build method.
In addition to the existing design-bid-build project delivery method, this bill would provide awarding authorities the alternatives of selecting a construction manager/general contractor or a design-builder, would specify that a construction manager/general contractor or a design-builder assumes the risk for construction, rehabilitation, renovation, alteration, or repair of a public works project at the contracted price, and would set forth the selection process for the CM/GC and subcontractors necessary to complete a public works project by the construction manager/general contractor method and the selection process for the design-builder to complete a public works project by the design-build process. Furthermore, this bill would provide that prior experience as a construction manager/general contractor or a design-builder on a public project shall not be a criterion for qualification to be selected to submit a proposal on a construction manager/general contractor or design-build project.
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.
Subjects: Contracts