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CORNERSTONE

Kerr ick Whisenant


Cell : 256-214-1571
kwh isenant@cornersto nedeten ti on.com

~58287 - Prison Transforma tion Act


Why is this bill important to Alabama?
1. Save Alabamian s mon ey
a. Consolidated prison syst em
b. Modern facilities require less man power
c. Safer and upgraded faci lities means fewer law suits to defend
d. Stave off federal receivership
e. The design-build and ot her alternate delivery methods in the cur rent bill will provide savings and
efficiencies.
2. Keep Alab amians safe
a. The current facilities lack the ability to consistently ensure the safety of correctional officers and
inmates. It's only a matter of time unti l something affects t he general public.
b. Providing proper space for convicted criminals reduces the risk to release or lighten the sentences of
those who may pose a threat to society.
3.

Provid e Alabamians wi th high-paying, skill ed, constru ction job s


a. This program will create THOUSANDSof high-paying jobs for the duration of the construction (2+ years)
b. Most workers will have income above the median household income in Alabama

4. Bolste r Alabama's economy


a. Many companies in Alabama can play a part in the design and construction of these facilities based on
their qualifications .
b. General Contractors are just the tip of the iceberg. 95% of the work is done by specialty trade
contractors. These include electrical, mechanical, plumbing, masonry, concrete, and other contractors,
plus detention and security contractors like Cornerstone
c. Alabama is home to one of on ly three of the nation's prison lock manufacturers. In addition, oth er
materials such as steel, ductwork, mechanical equipment , and concrete are all made in Alabama.

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

Amendment Considerations - S8287 - Prison Transformation Initiative Act

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.

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