What is The Political Subdivisions Construction Alternatives Act
In brief, the act allows cities, villages, counties,
community colleges and state colleges to use Design-Build
(D-B) and Construction Management at Risk (CM@R) contracts
as delivery methods in addition to the traditional Design-Bid-Build
(D-B-B) approach. Prior to 2008 the only public entities
that have been allowed to use such methods in Nebraska were
the public schools, under a previously passed bill.
In order to use either alternative method the
governing board of the public entity must adopt a policy identifying
an alternative delivery method and pass such policy by a two-thirds
vote. When an alternative delivery method has passed a governing's
board the act provides step-by-step selection and execution
procedures to carry out the project.
1. If D-B is selected the public owner must
first hire a 'Performance Criteria Developer" (PCD).
The PCD must be a licensed architect or engineer and will
assist the public body in the development of project performance
criteria and the request for proposals (RFP). The PCD will
also assist in the evaluation of proposals, selection of the
D-B firm, evaluation of the construction and any additional
services requested by the owner.
(Please note that Nebraska Law requires a "Coordinating
Professional" whom MUST be a licensed professional member
of the design team to act as a project liaisonwith the governing
building official(s). Please refer to Title 110 of Nebraska
Administrative Code for further information)
2. If CM@R is selected for a building project
the public owner issues two separate RFP'sand hires a compatible
Architect and General Contractor/Construction Manager, each
under separate contracts with the owner.
*The act does NOT apply to the construction of
road, street, highway, water, wastewater, utility, or sewer
construction, except that Omaha may use a D-B or CM@R for
contracts to meet state or federal requirements to control
or minimize overflows from combined sewers.
For additional information on the act please view the
resources below, or contact one of our knowledgeable members
via the Contact Us page:
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