Professional Documents
Culture Documents
In order t o fully meet gain these positive results, we believe any amendments should be carefully considered . Please see
the reverse for our recommendations.
CORNERSTONE
Kerrick Whisenant
Cell: 256-214-1571
kwhisenant@cornerstonedetention.com
The Senate-passed version is very good from our perspective. There are a few "housekeeping" items worth considering:
1. Page 17, Line 11......"(bJ All projects awarded using bond proceeds authorized by this act shall comply with the
provisions of Title 39, except for the construction of regional prison facilities." REPLACEwith: "(bl All projects
awarded under this ad shall comply with provisions of Title 39, except that alternative delivery methods as
described herein may be used in acquiring the design, constru ction, and other associated services."
WHY? ... Title 39 should completely apply to these projects with the exception of the use of alternative
delivery methods (ADM). The implementation of ADM on these projects is wise. However, the newest
method of Public Private Partnerships (P3) is so new it can present other issuesif not properly addressed.
As seen in other states' and federal use of this method , it is likely that a project would have a private
company as an owner while being built on public property. Public property typically cannot be encumbered
by a mechanic's lien filed by contractors, suppliers, or workers that have not been paid. Under P3s, this
effectively eliminates the statutory payment protections afforded to these entities by the state's "Little
Miller Act."
o This amendment should be restated to state that regardless of any alternate delivery method used
the balance ofTitle 39 must be followed, in particularly Section 39-1-1.
o
2.
It is also safe to say that many other provisions of Title 39 should still apply, including but not limited
to Chapter 8, The Fair and Open Competition in Governmental Construction Act, which was recently
added in 2014 and protects against requirements of collective bargaining agreements and
discrimination regarding the same.
Page 19, Lines 1-7....Requires resident contractor and subcontractor participation to be a part of the ADM
selection criteria. This language must be protected to ensure as much money as possible stays in the state for
Alabama workers.
o While there may not be a general contractor in Alabama who has solely performed a facility
comparable to those being considered here, Alabama has many specialty trade contractors who
have performed on these type and size projects.
o Many manufactured products will be needed for t hese facilities as well. Alabama is ONE of only
THREEst ates with its own security hardwa re manufacture and ONE of only TWO combined with
security electronics manufacturing.
3. Alternative Delivery Methods - The bill calls for the use of these. Cornerstone's experience with these size
prisons shows that alternative delivery methods are now " best practice" within the industry. In particular, the
design-build method exped ites the entire process and saves money.
o This language, along with the requirement for specific selection criteria, must be protected.
o Price, schedule, quality assurance, safety, relevant past experience, qualifications, proposed
professional personnel and leadership, and local participation are examples of item s that should be
minimally required as a part of the proposal process and selection criteria.