Latest Version of CM-GC/Design-Build Legislation - Updated 10 April 2015
In an effort to keep Alabama AGC members as informed as possible, our Board of Directors has asked that the latest version of the CMGC/Design-Build bill be posted to our website.
House Bill 275 and Senate Bill 239 have been introduced this 2015 Legislative Session.
House Bill 275 is sponsored by Representative Mark Tuggle and has been assigned to the Committee on State Government. The bill reported favorably out of committee on April 1.
SB 239 is sponsored by Senator Paul Sanford and has been assigned to the Fiscal Responsibility and Economic Development Committee. The Committee held a Public Hearing on April 8. The bill did not come to a vote at the hearing and is yet to be scheduled for a committee vote.
Both bills mirror each other and allow for the optional use of CM/GC on public projects in Alabama excluding streets, roads, highways, and bridges. Substitute bills have been intoduced. These bills will allow CM/GC to be used in addition to the design-bid-build option on public works projects in Alabama on projects in excess of $25M.
For projects in excess of $15M but less than $25M, CM/GC can be allowed but first must be approved by the Alabama Building Commission (or its successor). On projects in this range, the awarding authority and design professional must submit to the Building Commission written justification for the CM/GC delivery method on the designated project. The Building Commission will review the project and written justification in consideration of the delivery method. The Building Commission must approve the CM/GC delivery option before project can begin.
According to the substitute bills, all available funds must be stated with construction costs defined.
A copy of the final contract as well as all written records between the awarding authority, design professional, CM/GC, and subcontractors must be submitted and kept on file with the Alabama Building Commission. All protests will go through the Alabama Building Commission.
The committees in which both bills are housed are scheduled to meet Wednesday, April 1.
Note Design-Build is not included as a delivery option in either bill. We expect a one year resolution to be assigned in which associations and legislators will further consider Design-Build as it pertains to public works projects in Alabama.
To review the substitute bill in its entirety, CLICK HERE