SB239 Alabama 2015 Session

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

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 Article 2, consisting of Sections 39-2-40 to 39-2-43, inclusive, to Chapter 2 of Title 39, Code of Alabama 1975; to amend Sections 39-2-1 and 39-2-2, as last amended by Acts 2014-373 and 2014-404, 2014 Regular Session, Code of Alabama 1975, to authorize the selection by an awarding authority of a construction manager/general contractor; to specify that a construction manager/general contractor assumes the risk for construction, rehabilitation, renovation, 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/general contractor; to exclude all contracts to be awarded by the Alabama Department of Transportation, or a county or municipality for the construction or maintenance of a public road or highway, from Article 2 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.