SB239 Alabama 2015 Session

Summary

Primary Sponsor

Paul Sanford

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, added; Secs. 39-2-1, 39-2-2 am'd.

Description

This bill would give public owners a new alternative means for procuring design and construction services for public works contracts by making available the construction manager/general contractor option when determined by the awarding authority that this alternative project delivery method potentially offers 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 alternative of selecting a construction manager/general contractor, would specify that a construction manager/general contractor 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. Furthermore, this bill would provide that prior experience as a construction manager/general contractor on a public project shall not be a criterion for qualification to be selected to submit a proposal on a construction manager/general contractor 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.

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Subjects

Contracts