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ALABAMA BUILDING COMMISSION
ADMINISTRATIVE CODE
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This appendix contains the Alabama Building
Commission Administrative Code, which has been adopted by the Commission
pursuant to the Administrative Procedures Act, Title 41, Chapter 22,
Code of Alabama 1975, and filed with the Alabama
Legislative Reference Service. This Administrative Code contains the
"Rules" of the Alabama Building Commission.
As of the printing of this August 2001
edition of the Manual of Procedures, amendments to four Rules have been
approved by the Commission, have been filed with the Alabama Legislative
Reference Service, and will become effective November 1, 2001. These
Rules appear herein as amended to become effective November 1, 2001.
These Rules are:
170-X-1-.05 GENERAL METHODS of
OPERATION
170-X-2-.01 ADOPTED STANDARD CODES.
170-X-4-.07 APPLICATION of BASIC FEE
RATE
170-X-4-.08 COST OVER-RUNS
ALABAMA BUILDING
COMMISSION
CHAPTER 170-X-1
ORGANIZATION AND AUTHORITY
170-X-1-.01 CREATION and EMPOWERMENT.
The Alabama Building Commission was created by Act
No. 128 of the 1945 regular session of the Alabama Legislature. Act No.
290, also of the 1945 regular session, authorized and directed the
Alabama Building Commission to promulgate and enforce a code of minimum
building standards for state building and construction, school houses,
hotels, and moving picture theaters. Act No. 766 of the 1978 regular
session required the Alabama Building Commission to adopt, promulgate
and enforce a state building code containing energy conservation
measures to be used in all future construction or remodeling of
buildings which are constructed with state appropriated funds. These
acts are codified in Title 41, Chapter 9, Article 6 of the Code
of Alabama, 1975.
Author: Stedmann B. McCollough
Authority: Code of Ala. 1975, §§41-9-140
through 174
History: New, Filed: Apr 17, 1997: Certified Aug
29, 1997: Effective Oct 3, 1997
170-X-1-.02 ORGANIZATION.
The membership of the Alabama Building Commission
consists of the Governor as chairman, the State Health Officer, the
Director of Finance, the State Superintendent of Education, four (4)
members from the Senate to be elected by that body at each regular
session of the Legislature, and four (4) members from the House of
Representatives to be elected by that body at each regular session of
the Legislature. The Budget Officer of the State Department of Finance
serves as the secretary, but is not a member. The Commission maintains a
full-time Technical Staff, headed by a Director, through which its
policies and duties are carried out.
Author: Stedmann B. McCollough
Authority: Code of Ala. 1975, §§ 41-9-140
& 41-9-141
History: New, Filed: Apr 17, 1997: Certified Aug
29, 1997: Effective Oct 3, 1997
170-X-1-.03 DEFINITIONS.
As used in this administrative code the following
words and phrases shall have the following meanings, respectively:
(a) Commission: The Alabama Building
Commission composed of the Governor, the State Health Officer, the
Director of Finance, the State Superintendent of Education, four members
from the Senate, and four members from the House of Representatives.
(b) Director: The person appointed by the
Commission to serve in the senior administrative position of the
Technical Staff.
(c) Manual: Short for the Manual of Procedures of
the Alabama Building Commission, which is prepared and published by the
Technical Staff to establish procedures to effect compliance with the
rules of this administrative code, applicable state laws and
regulations, and the policies of the Commission.
(d) Primary Design Professional: The Alabama
registered architect, engineer, or architectural or engineering firm
under contract with an awarding authority or
owner.
( e) State
Building Code: The body of building standards published by code
writing organizations which has been adopted by the Commission as
minimum building standards applicable to state building and
construction, schoolhouses, hotels, and moving picture theaters.
(f) Technical Staff:
The full-time staff of architects, engineers, administrators,
inspectors, support personnel, and contract personnel employed to carry
out the policies and duties of the Commission on a daily basis.
Author: Stedmann B. McCollough
Authority: Code of Ala. 1975, § 41-9-141
History: New, Filed: Apr 17, 1997: Certified Aug
29, 1997: Effective Oct 3, 1997
170-X-1-.04 POWERS and DUTIES.
(1) The Commission has full power and authority
to provide for and supervise the planning, design, construction,
renovation, and improvement of state buildings, including entering into
contracts as necessary to implement this power and authority and to
acquire land for the
location of state buildings.
(2) The
Commission is authorized and empowered to make and adopt all necessary
rules, regulations, and plans for its own guidance and for the proper
conduct of the duties imposed upon it.
The Commission is authorized and directed to adopt, promulgate,
and enforce a state building code and to keep the code updated and
consistent with acceptable architectural and engineering practices.
The state building code is to include an energy conservation code
which shall be applicable to all buildings
constructed or remodeled after May 2, 1978, with
state appropriated funds or funds from any other instrumentality of
the state. The Director shall prepare and offer such training and
assistance as the Commission deems necessary in implementing this
code.
(4) The Commission is responsible for reviewing
plans and specifications for compliance with accessibility standards
prescribed by the State Fire Marshal for public buildings and
facilities. The Director is authorized to construe and interpret such
standards and to adopt and enforce rules and regulations prescribing
additional standards prescribed by the Americans with Disabilities Act
Accessibility Guidelines for Buildings and Facilities: State and Local
Governments (ADAAG). (See §§ 21-4-5 & 6 for shared authority and
responsibility.)
(5) The Commission may appoint and dismiss any
officers, employees and agents including competent architectural and
technical employees as may be necessary to effectuate its powers and
duties. All employees of the commission are subject to the provisions of
the merit system.
Author: Stedmann B. McCollough
Authority: Code of Ala. 1975, §§41-9-141,
161, & 171, and 21-4-5 & 6
History: New, Filed: Apr 17, 1997: Certified Aug
29, 1997: Effective Oct 3, 1997
170-X-1-.05 GENERAL METHODS of OPERATION.
(1)
The Commission convenes upon the call of the Governor or at such time or
times as the Commission may designate by resolution recorded in its
minutes.
(2) The Commission maintains a full-time
Technical Staff, headed by a Director, which is charged to:
(a) Evaluate and adopt, through the Director,
codes, code revisions, or code supplements as published by code
publishing organizations (with modifications) for inclusion in the State
Building Code.
(b) Enforce the State Building Code and other
regulations through review of proposed construction plans,
specifications, contracts and related documents, and inspection
of in-progress
construction.
Administer and supervise projects assigned to the Commission to ensure compliance with state laws, Commission
procedures, and other regulations. Review, approve, and process
contracts, changes orders, invoices, and related documents. Monitor
in-progress construction so as to keep informed of construction
progress and issues and to ensure acceptable building practices and
code compliance. In conjunction with the design professional and the
awarding authority, the Technical Staff establishes substantial
completion of the work.
Prepare and publish a Manual of Procedures which establishes procedures to effect compliance with the rules of
this administrative code, applicable state laws and regulations, and the
policies of the Commission.
(3)
To obtain information from, make submittals
to, or make requests of the Commission or its Technical Staff, including
requests to adopt, amend, or repeal rules of this administrative code,
the public should write to:
Director, Technical Staff
Alabama Building Commission
RSA Plaza, Suite 444
770 Washington Avenue
Montgomery, Alabama 36130
Author: Stedmann B. McCollough
Authority: Code of Ala. 1975, §§ 41-9-141
and 41-22-4
History: New, Filed: Apr 17, 1997:
Certified Aug 29, 1997: Effective Oct 3, 1997
Amendment Filed: July 17, 2001:
Certified: September 18, 2001; Effective: November 1, 2001
170-X-2-.01 ADOPTED STANDARD CODES.
(1) The minimum building standard codes adopted
by reference and enforced by the Alabama Building Commission are all of
the following:
(a) 2006 International Building Code
(b) 2006 International Plumbing Code
(c) 2006 International Fuel Gas Code
(d) 2006 International Mechanical Code
(e) 2008 National Electrical Code
(f) 2006 International Fire Code
(g) 2006 International Energy Conservation Code
(h) Americans with Disabilities Act
Accessibility Guidelines for Buildings and Facilities: State and Local Governments (ADAAG).
(i) ABC Code Supplements.
(2) The requirements of the Americans with
Disabilities Act Accessibility Guidelines for Buildings and Facilities
supersede the handicapped requirements contained in the Standard
Building Code.
Author: Kippy Tate
Authority: Code of Ala. 1975, §§ 41-9-161
& 171 and 21-4-3
History: New, Filed July 24,
2003, New, Filed: Apr 17, 1997:
Certified Aug 29, 1997: Effective Oct 3, 1997
Amendment Filed: July 17, 2001:
Certified: September 18, 2001 Effective:: November 1,
2001; Amendment Filed: October 16, 2003; Effective:
November 20, 2003; Filed: March 14, 2005, Effective:
April 18, 2005; Filed: August 6, 2007: Effective:
September 10, 2007; Operative: October 1, 2007; Filed
January 4, 2008; Effective: February 8, 1008; Filed:
September 22, 2008; Effective: November 13, 2008;
Operative: December 1, 2008.
170-X-2-.02 OFFICIAL "RECOMMENDATIONS".
The Commission adopts by reference, as official
"recommendations" rather than as mandated regulations, Chapter 5 of the
Architectural and Transportation Barriers Compliance Board (ATBCB)
publication; "Recommendations for Accessibility Standards for Children’s
Environments".
Author: Stedmann B. McCollough
Authority: Code of Ala. 1975, §§ 41-9-161
and 21-4-3
History: New, Filed: Apr 17, 1997: Certified Aug
29, 1997: Effective Oct 3, 1997
170-X-2-.03 OBTAINING the ADOPTED CODES.
The Technical Staff shall publish in the Manual of
Procedures the necessary information to obtain copies of the adopted
codes and official recommendations.
Author: Stedmann B. McCollough
Authority: Code of Ala. 1975, §§ 41-9-141,
161 & 171
History: New, Filed: Apr 17, 1997: Certified Aug
29, 1997: Effective Oct 3, 1997
170-X-2-.04 APPLICABILITY of ADOPTED CODES.
(1) Except as
stated in paragraphs (2) and (3), the STATE BUILDING CODE applies
only to the following construction in Alabama:
(a) STATE BUILDING and CONSTRUCTION: All
buildings and other structures erected or acquired by or in behalf of
the State of Alabama or any of its agencies or instrumentalities.
(b) SCHOOLHOUSES: Any building or other
structure erected or acquired by the public schools of Alabama and also
shall mean any private building in which 25 or more persons are
congregated regularly for the purpose of instruction in any branch of
knowledge.
(c) HOTELS: Any public inn or lodging
house of 15 or more bedrooms, in which transient guests are lodged for
pay.
(d) MOVING PICTURE THEATERS: Any
building in which moving pictures are featured regularly for charge of
admission.
(2) The ALABAMA BUILDING ENERGY CONSERVATION
CODE applies only to all buildings constructed or remodeled with
state appropriated funds or funds from any other instrumentality of the
state.
(3) The Commission’s responsibility to review
plans and specifications for compliance with handicapped accessibility
standards prescribed by the State Fire Marshal applies only to all
buildings and facilities used by the public which are constructed in
whole or in part by the use of state, county, or municipal funds, or the
funds of any political subdivision of the state.
(See § 21-4-6 for shared
jurisdiction.)
Author: Stedmann B. McCollough
Authority: Code of Ala. 1975, §§ 41-9-163
& 171 and 21-4-4
History: New, Filed: Apr 17, 1997: Certified Aug
29, 1997: Effective Oct 3, 1997
170-X-2-.05 PRECEDENCE of CODES.
(a) In case of conflict between the State
Building Code, local codes, the Life Safety Code enforced by the State
Fire Marshal, or other codes, the most stringent requirements shall
prevail.
(b) All food preparation facilities, private
water systems, and sewage disposal systems shall also meet the
requirements of and be approved by the applicable county health
department.
Author: Stedmann B. McCollough
Authority: Code of Ala. 1975, § 41-9-141
History: New, Filed: Apr 17, 1997: Certified Aug
29, 1997: Effective Oct 3, 1997
170-X-2-.06 RESPONSIBILITY for COMPLIANCE.
The compliance of plans and specifications with code
requirements, is the responsibility of the primary design professional
and the awarding authority and approval of these documents by the
Technical Staff does not relieve the primary design professional or the
awarding authority of this responsibility.
Author: Stedmann B. McCollough
Authority: Code of Ala. 1975, §§ 41-9-141
History: New, Filed: Apr 17, 1997: Certified Aug
29, 1997: Effective Oct 3, 1997
170-X-2.07 ABC CODE SUPPLEMENTS.
To minimize reoccurring problems on public
construction and improvement projects, from time to time the Commission
will adopt and publish specific design and construction requirements or
recommendations to supplement the State Building Code. The following
requirements and recommendations are adopted and bound at the end of
this chapter:
(a) ABC Code Supplement No.1, LABELING OF FIRE
DOORS AND FRAMES
Author: Stedmann B. McCollough
Authority: Code of Ala. 1975, §§ 41-9-141
and 161
History: New, Filed: Apr 17, 1997: Certified Aug
29, 1997: Effective Oct 3, 1997
170-X-2-.07-(a)
ABC CODE SUPPLEMENT No. 1
LABELING OF FIRE DOORS AND FRAMES
All door openings in fire resistive walls and
partitions requiring a rating shall be protected by assemblies which
include doors, frames, hardware, closing devices, anchorage, sills,
etc., installed in accordance with the National Fire Protection
Association (NFPA) 80, Standard for "Fire Doors and Fire Windows" and
the State Building Code.
To further clarify the basic requirements and/or the
correct method of labeling that will be acceptable to the Alabama
Building Commission, the labels shall include the following:
1. Accessibility: Each
component shall bear a label located so as to be accessible
after installation.
2. Permanence: Each component
shall bear a label of a type of material and be so attached
that the life of the label and the attachment thereof can
reasonably be expected to equal the life of the component to
which it is attached. Labels shall be raised or embossed on
metal labels or stamped into metal frames. Plastic or paper
labels are unacceptable.
3. Legibility: The label design
shall be such that it can be visible and legible at all times
and must be clean of any paint or other coverage making the
label illegible.
4. Fire Resistance: All approved
labels on doors and on frames shall include thereon the fire
resistance rating in hours and/or minutes for which the door
or frame is labeled. Labels on frames with transoms or
sidelights must identify that the opening assembly includes
same.
5. Other Requirements:
The labels or stamps applied to frames must be provided by a
manufacturer that has been approved by a laboratory or
organization to provide testing and follow-up services for
fire-rated opening assemblies.
Author: Stedmann B. McCollough
Authority: Code of Ala. 1975, §§ 41-9-141
and 161
History: New, Filed: Apr 17, 1997: Certified Aug
29, 1997: Effective Oct 3, 1997
ALABAMA BUILDING COMMISSION
CHAPTER 170-X-3
RULES FOR SUBMITTING PLANS AND SPECIFICATIONS
TO THE TECHNICAL STAFF
170-X-3-.01 SUBMISSION REQUIRED.
The plans and specifications for all projects to
which the State Building Code applies shall be submitted to the
Technical Staff for review and approval. Refer to rule 170-X-2-.04,
Applicability of Adopted Codes.
Author: Stedmann B. McCollough
Authority: Code of Ala. 1975, § 41-9-141
History: New, Filed: Apr 17, 1997: Certified Aug
29, 1997: Effective Oct 3, 1997
170-X-3-.02 SUBMITTAL REVIEWS and APPROVALS.
(1) The Technical Staff will review the submitted
plans and specifications for compliance with the State Building Code.
The results of the review will be provided as written review comments to
the submitting design professional and project owner. The design
professional or owner must respond to, or comply with, comments citing
building code violations or obvious non-compliance with applicable laws,
regulations, or the Manual of Procedures. Response by the design
professional or owner to comments in the form of constructive criticism,
suggestions, questions, or recommendations is not mandatory.
(2) Changes made to plans and specifications
after final approval shall be submitted to the Technical Staff for
review relative to compliance with the State Building Code. Written
response by the Technical Staff to these submittals will be made only in
cases of violations of building codes or obvious non-compliance with
laws and regulations.
(3) The Technical Staff’s approval of plans,
specifications, change orders, or related materials submitted for public
projects does not constitute certification that the documents or project
comply with the state’s competitive bid laws; the responsibility for
this certification rests with the awarding authority and its legal
advisor.
Author: Stedmann B. McCollough
Authority: Code of Ala. 1975, § 41-9-141
History: New, Filed: Apr 17, 1997: Certified Aug
29, 1997: Effective Oct 3, 1997
170-X-3-.03 PRE-BID REVIEW and APPROVAL REQUIRED.
Submissions of plans and specifications to the
Technical Staff shall be made, and final approval obtained, prior to the
receipt of bids to insure that the Technical Staff’s comments are
incorporated into the bid documents.
Author: Stedmann B. McCollough
Authority: Code of Ala. 1975, § 41-9-141
History: New, Filed: Apr 17, 1997: Certified Aug
29, 1997: Effective Oct 3, 1997
170-X-3-.04 DOCUMENTS to be PREPARED
by REGISTERED DESIGN PROFESSIONALS.
(1) Plans and
specifications submitted to the Technical Staff for approval shall be
prepared by a full professional team composed of architects and
engineers, registered in Alabama, each preparing that phase of the
design within his or her field of specialization. Subject to the
Director’s approval, exceptions may be made where engineering services
are of such minor nature as to be considered purely incidental to the
architectural services or the architectural services are of such minor
nature as to be considered purely incidental to the engineering
services.
(2) The
specification cover shall bear the Alabama seal of registration of the
primary design professional who prepared them or under whose supervision
they were prepared.
(3) Architectural drawings shall bear the Alabama
seal of registration of the architect who prepared them or under whose
supervision they were prepared. Engineering drawings shall bear the
Alabama seal of registration of the engineer who prepared them or under
whose supervision they were prepared.
Author: Stedmann B. McCollough
Authority: Code of Ala. 1975, §§ 41-9-141,
34-2-32, 34-2-35, and 34-11-7.
History: New, Filed: Apr 17, 1997: Certified Aug
29, 1997: Effective Oct 3, 1997
170-X-3-.05 CONTENTS of SUBMITTAL DOCUMENTS.
The plans, specifications, addenda, change orders,
and related materials submitted to the Technical Staff for approval
shall contain sufficient information to fully describe the work of the
project and to fully demonstrate compliance with the State Building
Code. Standards for compliance with this rule shall be prescribed in the
Manual of Procedures. The Technical Staff is authorized to request
additional information if needed to perform their review.
Author: Stedmann B. McCollough
Authority: Code of Ala. 1975, § 41-9-141
History: New, Filed: Apr 17, 1997: Certified Aug
29, 1997: Effective Oct 3, 1997
170-X-3-.06 SUBMITTAL PROCEDURES.
Plans, specifications, and related materials shall be
submitted to the Technical Staff in accordance with procedures
prescribed in the Manual of Procedures and, unless otherwise provided,
shall be made in three stages: Schematic Plan Submittal, Preliminary
Plan Submittal, and Final Plan Submittal.
Author: Stedmann B. McCollough
Authority: Code of Ala. 1975, § 41-9-141
History: New, Filed: Apr 17, 1997: Certified Aug
29, 1997: Effective Oct 3, 1997
170-X-3-.07 DISPOSITION of SUBMITTED DOCUMENTS.
(1) Schematic and preliminary plans and
specifications will be retained by the Technical Staff until receipt or
review of the subsequent stage of submittal at which time these
documents may be destroyed.
(2) Final or revised final plans and
specifications will be retained by the Technical Staff for a period of
not less than five (5) years after completion of the project, or a
period as may be prescribed by the State Records Commission. At the
expiration of this period these documents may be destroyed.
(3) Project documents such as transmittal
letters, comment letters, project-related correspondence, contracts,
reports, etc., shall be retained by the Technical Staff for a period not
less than thirteen (13) years after completion of the project, or a
period as may be prescribed by the State Records Commission. At the
expiration of this period these documents may be destroyed.
Author: Stedmann B. McCollough
Authority: Code of Ala. 1975, § 41-9-141
and State Records Commission
History: New, Filed: Apr 17, 1997: Certified Aug
29, 1997: Effective Oct 3, 1997
ALABAMA BUILDING COMMISSION
CHAPTER 170-X-4
EMPLOYMENT OF DESIGN PROFESSIONALS
FOR PROJECTS SUPERVISED AND ADMINISTERED BY THE
ALABAMA BUILDING COMMISSION
170-X-4-.10 Schedule of Basic Fee Rates 4 - 6
170-X-4-.01 APPLICABILITY of CHAPTER.
The rules of this chapter apply only to public
construction and improvement projects assigned to the Alabama Building
Commission by state law for its supervision and administration. Project
supervision and administration will be carried out by the Technical
Staff who will prepare and publish a Manual of Procedures containing
procedures, standard forms, and uniform documents to be used by awarding
authorities to effect compliance with this chapter.
Author: Stedmann B. McCollough
Authority: Code of Ala. 1975, § 41-9-141
History: New, Filed: Apr 17, 1997: Certified Aug
29, 1997: Effective Oct 3, 1997
170-X-4-.02 REQUIRED EMPLOYMENT of DESIGN
PROFESSIONALS.
(1) The awarding authority of a public
construction or improvement project shall employ the services of
registered architects and engineers in accordance with Title 34, Chapter
2 - Architects and Chapter 11 - Engineers and Land Surveyors, Code
of Alabama 1975.
(2) Full
Professional Team: The
primary design professional shall be required to employ the services of
consulting engineers, and consulting architects in the case of an
engineering project, so as to provide a full professional team as
dictated by the disciplines of architectural and engineering design involved in
the project. These consultants shall be identified in the agreement for
design professional services and may not be changed without written
approval of the awarding authority.
Author: Stedmann B. McCollough
Authority: Code of Ala. 1975, § 41-9-141
and Title 34, Chapters 2 & 11
History: New, Filed: Apr 17, 1997: Certified Aug
29, 1997: Effective Oct 3, 1997
170-X-4-.03 FORM of AGREEMENT for
DESIGN PROFESSIONAL SERVICES.
(1) The
Director is authorized to develop, adopt, and publish in a Manual of
Procedures uniform documents and standard forms as the Director deems
appropriate for contracting for professional services to design and
administer public construction and improvement projects. The terms and
conditions of these documents shall effect compliance with state laws
and the rules of this administrative code and shall also set forth
minimum basic services and standardized terms and conditions applicable
to projects typically supervised and administered by the Technical
Staff. The Director may revise, repeal, or add to these uniform
documents and standard forms as the Director deems necessary to keep
them current with acceptable practices of architecture, engineering,
construction project delivery, and changes in state law.
(2)
The form of agreement for contracting for
design professional services shall be the uniform documents and standard
forms prescribed by the Director. Copies of these uniform documents and
standard forms are contained in the appendix to this administrative code
and may be reprinted or altered only as defined in the Manual of
Procedures. To meet the needs of a specific project, the minimum basic
services and standard terms and conditions may be modified by inserting
special provisions in spaces provided in the documents; however,
modifications shall be subject to the approval of the Director.
Author: Stedmann B. McCollough
Authority: Code of Ala. 1975, § 41-9-141
History: New, Filed: Apr 17, 1997: Certified Aug
29, 1997: Effective Oct 3, 1997
170-X-4-.04 PROJECT BUDGET.
The agreement shall stipulate an agreed amount that
is budgeted for the cost of the planned construction or improvement
work. This amount shall not only establish the project budget, but shall
also be the basis for establishing the basic fee to be paid the primary
design professional. The project budget may be a fixed, lump sum amount
or it may be an amount that is tentative pending development of design
and cost estimates by the design professional. If the project budget is
tentative, the budgeted amount shall be validated by the
design professional or mutually
adjusted by the contracting parties prior to advertising the project for
bids.
Author: Stedmann B. McCollough
Authority: Code of Ala. 1975, § 41-9-141
History: New, Filed: Apr 17, 1997: Certified Aug
29, 1997: Effective Oct 3, 1997
170-X-4-.05 MAXIMUM BASIC FEES for DESIGN
PROFESSIONAL SERVICES.
(1) The "Basic
Fee" to be paid for design professional services is defined as that fee
which will be paid to the design professional for providing the basic
services as defined in the uniform form of agreement for design
professional services published by the Director. If the design
professional is to provide services which are in addition to the basic
services defined in the uniform agreement, fees in addition to the Basic
Fee shall be established in the agreement, or an amendment to the
agreement, for such additional services. Such additional fees shall be
subject to the Director’s approval.
(2) The Basic Fee shall be based upon the
budgeted cost of the planned work stipulated in the agreement, but shall
not be higher than a fee as determined by the "Schedule of Basic Fee
Rates" contained in rule 170-X-4-.10. A higher Basic Fee may be paid
only if approved by the Director. A Basic Fee determined by the schedule
may be adjusted without the Director’s approval for Major Renovation as
defined in rule 170-X-4-.06. A lower Basic
Fee may be negotiated without the
Director’s approval when appropriate considering project size, cost,
scope, repetition, etc.
(3) If the
Basic Fee is to be a percentage rate applied to the cost of the work,
the percentage rate shall not be higher than the applicable rate of the
"Schedule of Basic Fee Rates" with adjustment for major renovation, if
applicable. If the Basic Fee to be paid for basic services is to be a
fixed, lump sum amount, that amount shall not be greater than the amount
that is the product of multiplying the budgeted cost of the work by the
applicable percentage rate of the "Schedule of Basic Fee Rates" with
adjustment for major renovation, if applicable.
Author: Stedmann B. McCollough
Authority: Code of Ala. 1975, § 41-9-141
History: New, Filed: Apr 17, 1997: Certified Aug
29, 1997: Effective Oct 3, 1997
170-X-4-.06 ADJUSTMENT for MAJOR RENOVATION.
An increase of up to 25% in the basic fee rate will
be allowed for major renovation projects. This adjustment is intended to
provide compensation to the design professional for the added effort
required to investigate and develop drawings of existing conditions and
other additional work required for renovation. A project is considered
major renovations if more than 50% of the construction cost involves
renovations and alterations. The application of this adjustment is
negotiable and must be stipulated in the agreement to be effective. In
general, reroofing projects are not to be considered as major
renovations.
Author: Stedmann B. McCollough
Authority: Code of Ala. 1975, § 41-9-141
History: New, Filed: Apr 17, 1997: Certified Aug
29, 1997: Effective Oct 3, 1997
170-X-4-.07 APPLICATION of BASIC FEE RATE.
(1) The Basic Fee percentage rate determined by
the project budget shall be applied to the cost of the work. It is not
necessary to change the Basic Fee percentage rate because the amount of
the subsequent construction contract as awarded or adjusted for minor
change orders falls within a bracket of the schedule that is higher or
lower than that of the project budget. If major changes in the project
and budget occur during the design or construction phases of the project
and warrant an increase or decrease in the Basic Fee rate to provide
fair and reasonable compensation, the change must be agreed upon in an
amendment to the agreement. "Major Changes" include, but are not limited
to, changes in project size, complexity, usage, arrangement, schedule,
delivery, or phasing of the construction or improvement work and may or
may not result in a major, or significant, change in the cost of the
work. A Major Change may warrant adjustment of the Basic Fee rate if the
change is requested by the awarding authority and the change requires
design, administrative, consultant, or other services materially
different from those contemplated by the agreement.
(2) The "Schedule of Basic Fee Rates" of rule
170-X-4-.10 contemplates that the work covered by an agreement will be
executed either under one lump sum construction contract or under one
lump sum construction contract for sitework and a second lump sum
construction contract for building construction. Separation of the work
into additional construction contracts may warrant negotiation of a
higher rate, the basis of which shall be stated in the agreement or in
an amendment to the agreement.
(3) The Basic Fee rate shall apply to the
combined cost of all buildings or other work covered by an agreement
whether the work is executed under one construction contract or one
contract for sitework and a second contract for building construction.
(4) If the work covered by an agreement is so
divided that more than one building group is involved, the Basic Fee
rate of the appropriate building group may be applied to each building.
Division of Basic Fee rates must be stipulated in the agreement.
- If the scope of an agreement involves substantial duplication of
buildings on the same site, the Basic Fee for all
services shall be applicable to the cost of the work for the first
building. One-half of the Basic Fee for design services shall be
applicable to the cost of the work for the second building which is a
substantial duplication of the first. The basic fee for design services
for other buildings which are substantial duplications of the first and
second buildings shall be negotiated and defined in the agreement, but
in no case shall exceed the fee for the first duplication. The fees for
contract and construction administration services shall be paid in full
for duplicated buildings.
(6) If the scope of an agreement involves
substantial duplication of buildings on more than one site, the Basic
Fee for all services shall be applicable to the cost of the work of site
improvements of each site as well as modifications required to adapt the
design of the substantially duplicated building to conditions of the
second, third, etc., sites. The Basic Fee for all services shall be
applicable to the cost of the work for the first building. One-half of
the Basic Fee for design services shall be applicable to the cost of the
work for the second building which is a substantial duplication of the
first. The basic fee for design services for other buildings which are
substantial duplications of the first and second buildings shall be
negotiated and defined in the agreement, but in no case shall exceed the
fee for the first duplication. The fees for contract and construction
administration services shall be paid in full for duplicated buildings.
Author: Kippy Tate, Director
Authority: Code of Ala. 1975, § 41-9-141
History: New, Filed: Apr 17, 1997: Certified Aug
29, 1997: Effective Oct 3, 1997
Amendment Filed: July 17, 2001:
Certified: September 18, 2001; Effective:November 1, 2001
170-X-4-.08 COST OVER-RUNS.
If the lowest responsible bid received by the
awarding authority is greater than the project budget, the design
professional will, upon instructions from the awarding authority, make
revisions to the plans and specifications as may be necessary to re-bid
the project within project budget, or a higher amount as may be
authorized by the awarding authority. The design professional shall be
reimbursed for revising the plans and specifications where the bid
over-run is up to 10% of the project budget. If the bid over-run is
greater than 10% of the project budget and (1) the awarding
authority has received bids for the work within 90 days after final
approval of the plans and specifications and (2) the reason that
the over-run exceeds 10% of the project budget is not attributable to a
unique or unexpected market condition which the design professional
would not have reasonably contemplated in its estimates,, the design
professional will revise the plans and specifications to conform to the
project budget defined in the agreement at no cost to the awarding
authority.
Author: Kippy Tate, Director
Authority: Code of Ala. 1975, § 41-9-141
History: New, Filed: Apr 17, 1997: Certified Aug
29, 1997: Effective Oct 3, 1997
Amendment Filed: July 17, 2001:
Certified: September 18, 2001; Effective: November 1, 2001
170-X-4-.09 SUBSEQUENT DUPLICATION.
The agreement shall stipulate that under any
subsequent owner-architect agreement, the basic fee for any substantial
duplication of buildings covered by the original agreement will be paid
in accordance with rule 170-X-4-.07-(4). However, the fee schedule in
effect at the date of the subsequent agreement will apply.
Author: Stedmann B. McCollough
Authority: Code of Ala. 1975, § 41-9-141
History: New, Filed: Apr 17, 1997:
Certified Aug 29, 1997: Effective Oct 3, 1997
179-X-4.10
SCHEDULE of BASIC FEE RATES.
(1) The "Schedule of Basic Fee Rates" is
graduated by project cost and categorized by building groups defined in
170-X-4.10-(2).
|
COST OF THE WORK |
FEE IN PERCENTAGE |
| |
BUILDING GROUP
I II III IV V
|
|
Up to $100,000 100,001 to 200,000 |
8.0 9.0 10.0 11.0 12.0 7.0 8.0 9.0 10.0 11.0 |
|
200,001 to 300,000
300,001 to 400,000 |
6.0 7.0 8.0 9.0 10.0 5.9 6.9 7.9 8.9
9.9 |
|
400,001 to 500,000 500,001 to 600,000 |
5.8 6.8 7.8 8.8 9.8 5.7 6.7 7.7 8.7
9.7 |
|
600,001 to 700,000 700,001 to 800,000
800,001 to 900,000
900,001 to 1,000,000
1,000,001 to 1,250,000
1,250,001 to 1,500,000
1,500,001 to 1,750,000
1,750,001 to 2,000,000
2,000,001 to 2,500,000
2,500,001 to 3,000,000
3,000,001 to 3,500,000 |
5.6 6.6 7.6 8.6 9.6 5.5 6.5 7.5 8.5 9.5
5.4 6.4 7.4 8.4 9.4
5.3 6.3 7.3 8.3 9.3
5.2 6.2 7.2 8.2 9.2
5.1 6.1 7.1 8.1 9.1
5.0 6.0 7.0 8.0 9.0
4.9 5.9 6.9 7.9 8.9
4.8 5.8 6.8 7.8 8.8
4.7 5.7 6.7 7.7 8.7
4.6 5.6 6.6 7.6 8.6 |
|
3,500,001 to 4,000,000 4,000,001 to
5,000,000
5,000,001 to 6,000,000
6,000,001 to 8,000,000
8,000,001 to10,000,000
10,000,001to12,000,000
12,000,001to14,000,000
14,000,001to16,000,000
16,000,001to18,000,000
18,000,00to 20,000,000
20,000,001to22,000,000
22,000,001to24,000,000
24,000,001to27,000,000
27,000,001to30,000,000
30,000,001to33,000,000
33,000,001to36,000,000
36,000,001to39,000,000
39,000,001to42,000,000 |
4.5 5.5 6.5 7.5 8.5
4.4 5.4 6.4 7.4 8.4
4.3 5.3 6.3 7.3 8.3
4.2 5.2 6.2 7.2 8.2
4.1 5.1 6.1 7.1 8.1
4.0 5.0 6.0 7.0 8.0
3.9 4.9 5.9 6.9 7.9
3.8 4.8 5.8 6.8 7.8
3.7 4.7 5.7 6.7 7.7
3.6 4.6 5.6 6.6 7.6
3.5 4.5 5.5 6.5 7.5
3.4 4.4 5.4 6.4 7.4
3.3 4.3 5.3 6.3 7.3
3.2 4.2 5.2 6.2 7.2
3.1 4.1 5.1 6.1 7.1
3.0 4.0 5.0 6.0 7.0
2.9 3.9 4.9 5.9 6.9
2.8 3.8 4.8 5.8 6.8 |
|
42,000,001to46,000,000 46,000,001to50,000,000 |
2.7 3.7 4.7 5.7 6.7 2.6 3.6 4.6 5.6
6.6 |
|
50,000,001 to and over |
2.5 3.5 4.5 5.5 6.5 |
|
|
|
(2)
BUILDING GROUPS:
(a) Group I: Industrial buildings without special
facilities, parking structures and repetitive garages, simple loft type
structures, warehouses exclusive of automated equipment, and other
similar utilitarian type buildings.
(b) Group II:
Armories, apartments, cold storage facilities, dormitories, exhibition
halls, hangers, manufacturing/industrial plants, office buildings
without tenant improvements , printing plants, public markets, and
service garages.
(c) Group III:
1. College classroom facilities, convention
facilities, correctional and detention facilities, extended care
facilities, gymnasiums (simple, prefabricated-pre-engineered, minimum
types shall be classified under Group II), hospitals, institutional
dining halls, laboratories, libraries, medical schools, medical office
facilities and clinics, mental institutions, office buildings with
tenant improvements, parks, playground and recreational facilities,
police stations, public health centers, research facilities, schools
(elementary and secondary), stadiums, and welfare buildings.
2. Also,
central utilities plants, water supply and distribution plants, sewage
treatment and underground systems, electrical sub-stations and primary
and secondary distribution systems, roads, bridges and major site
improvements when performed as independent projects. When any or all of
these types of improvements are incidental to an overall plan of
architectural development they will be grouped with the basic
architectural service of the overall project unless stated otherwise in
the agreement.
(d) Group IV :
Aquariums, auditoriums, art galleries, college buildings with special
facilities, communications buildings, special schools, theaters and
similar facilities.
(e) Group V: Residences and specialized
decorative buildings unless otherwise stated in the agreement. Custom
designed furnishings shall be categorized in Group V except when
considered incidental to the basic architectural service for a building.
Author: Stedmann B. McCollough
Authority: Code of Ala. 1975, § 41-9-141
History: New, Filed: Apr 17, 1997: Certified Aug
29, 1997: Effective Oct 3, 1997
ALABAMA BUILDING COMMISSION
CHAPTER 170-X-5BIDDING AND AWARDING CONTRACTS FOR
PROJECTS SUPERVISED AND ADMINISTERED BY THE ALABAMA
BUILDING COMMISSION
170-X-5-.01 APPLICABILITY of CHAPTER.
The rules of this chapter apply only to public
construction and improvement projects assigned to the Alabama Building
Commission by state law for its supervision and administration. Project
supervision and administration will be carried out by the Technical
Staff who will prepare and publish a Manual of Procedures containing
procedures, standard forms, and uniform documents to be used by awarding
authorities to effect compliance with this chapter. The rules of this
chapter supplement the requirements of such laws as Title
34, Chapter 8-Contractors, Title 39-Public Works, and Title 41, Chapter
16-Public Contracts, Code of Alabama 1975.
Author: Stedmann B. McCollough
Authority: Code of Ala. 1975, § 41-9-141
History: New, Filed: Apr 17, 1997: Certified Aug
29, 1997: Effective Oct 3, 1997
170-X-5-.02 EVIDENCE of BIDDER’S LICENSE.
When the cost of the work exceeds the amount
requiring licensing pursuant to Title 34, Chapter 8, Code of
Alabama, 1975, each bidder must show evidence of this license
before bidding or the bid shall not be received or considered. The
bidders shall show evidence of license by clearly displaying their
current state general contractor’s license number on the outside of the
envelope in which their proposal is delivered. This requirement shall be
included in the advertisements for bids and instructions to bidders.
Author: Stedmann B. McCollough
Authority: Code of Ala. 1975, §§ 41-9-141
and 34-8-6(d)
History: New, Filed: Apr 17, 1997: Certified Aug
29, 1997: Effective Oct 3, 1997
170-X-5-.03 DETERMINATION of LOW
BIDDER by use of ALTERNATES.
(1) Deductive alternate bids may be used in order
to reduce the base bid to an amount within the funds available for the
project. Additive alternate bids may be used in order to obtain prices
for the addition of items not included in the base bid. The alternate
bids shall be listed in the bid documents in the order of priority in
which they shall cumulatively deduct from or add to the base bid for
determining the lowest responsible and responsive bidder.
(2)
After the lowest responsible and responsive bidder has been determined,
the awarding authority may accept or reject any alternates provided that
the combination of accepted alternates results in the same lowest
bidder.
Author: Stedmann B. McCollough
Authority: Code of Ala. 1975, § 41-9-141
History: New, Filed: Apr 17, 1997: Certified Aug
29, 1997: Effective Oct 3, 1997
170-X-5-.04 WORK BID on a UNIT PRICE BASIS.
Where all, or part(s), of the planned work is bid on
a unit price basis, both the unit prices and the extensions of the unit
prices constitute a basis of determining the lowest bidder. In cases of
error in the extension of prices of bids, the unit price will govern. A
proposal may be rejected if any of the unit prices are obviously
unbalanced or non-competitive.
Author: Stedmann B. McCollough
Authority: Code of Ala. 1975, §§ 41-9-141
and 39-2-7
History: New, Filed: Apr 17, 1997: Certified Aug
29, 1997: Effective Oct 3, 1997
170-X-5-.05
UNIT PRICES for APPLICATION to CHANGE ORDERS.
As a means of predetermining unit costs for changes
in certain elements of the work, the project specifications may require
that the bidders furnish unit prices for those items. Unit prices for
application to changes in the work are not a basis for determining the
lowest bidder.
Non-competitive unit prices proposed by the
lowest bidder may be rejected or negotiated by the awarding
authority prior to contract award. Unit prices for application to
changes in the work are not effective unless specifically agreed upon in
the construction contract.
Author: Stedmann B. McCollough
Authority: Code of Ala. 1975, § 41-9-141
History: New, Filed: Apr 17, 1997: Certified Aug
29, 1997: Effective Oct 3, 1997
170-X-5-.06 IRREGULAR PROPOSALS.
Proposals may be rejected if they contain any
omissions, alterations of forms, additions not called for, conditional
bids, alternate bids not called for, incomplete bids, erasures, or
irregularities of any kind. However, the awarding authority may reject
any and all proposals or waive technical errors if, in its judgement,
the best interests of the awarding authority will be promoted.
Author: Stedmann B. McCollough
Authority: Code of Ala. 1975, § 41-9-141
History: New, Filed: Apr 17, 1997: Certified Aug
29, 1997: Effective Oct 3, 1997
170-X-5-.07 DISQUALIFICATION of BIDDERS.
In addition to causes for disqualification or
rejection of bidders as provided in Title 39, Code of Alabama 1975,
the awarding authority may reject a proposal from a bidder who has not
paid, or satisfactorily settled, all bills due for labor and material on
other contracts in force at the time of letting.
Author: Stedmann B. McCollough
Authority: Code of Ala. 1975, § 41-9-141
History: New, Filed: Apr 17, 1997: Certified Aug
29, 1997: Effective Oct 3, 1997
170-X-5-.08 CERTIFIED BID TABULATION.
After bids have been received, the design
professional shall check and tabulate all bids, certifying that the bids
were received sealed, publicly opened and read aloud at the time and
place advertised, and that it is a true and correct tabulation of all
bids received for the project. This tabulation shall be signed by the
design professional, notarized, and furnished to the awarding authority
and the Technical Staff. If a bid is incomplete, qualified, or bears any
condition or irregularity that may affect its responsiveness, the design
professional shall note this information on the tabulation.
Author: Stedmann B. McCollough
Authority: Code of Ala. 1975, § 41-9-141
History: New, Filed: Apr 17, 1997: Certified Aug
29, 1997: Effective Oct 3, 1997
170-X-5-.09 AWARD of CONTRACT.
The contract will be awarded to the lowest
responsible bidder complying with all established requirements of the
bid documents unless the awarding authority finds that the bid is
unreasonable or that it is not to the interest of the awarding authority
to accept it.
The bidder to whom award is made will be notified by
letter to the address shown on the bidder’s proposal.
Author: Stedmann B. McCollough
Authority: Code of Ala. 1975, §§ 41-9-141
and 39-2-6
History: New, Filed: Apr 17, 1997: Certified Aug
29, 1997: Effective Oct 3, 1997
170-X-5.10 NOTICE TO PROCEED.
A notice to proceed with the work of the contract
shall be issued to the contractor by the Director within 15 days after
final execution of the contract by the awarding authority unless both
parties to the contract agree to a stipulated extension in time for the
issuance of a notice to proceed. The notice to proceed shall specify the
date on which the work and time of completion stated in the contract are
to commence. Before performing any work on the construction site, the
contractor shall furnish to the design professional acceptable
certification of insurance coverages as required by the contract.
Author: Stedmann B. McCollough
Authority: Code of Ala. 1975, §§ 39-2-10
and 41-9-141
History: New, Filed: Apr 17, 1997: Certified Aug
29, 1997: Effective Oct 3, 1997
170-x-5-.11 REQUIRED USE of UNIFORM DOCUMENTS and
STANDARD FORMS.
(1) The Director is authorized to develop, adopt,
and publish in a Manual of Procedures all uniform documents and standard
forms as the Director deems appropriate for the contracting for, and
administration of, public construction and improvement projects. The
terms and conditions of these documents shall effect compliance with
state laws and the rules of this administrative code and shall
incorporate standardized provisions based upon sound contracting
principles within the construction industry and compatibility with
operational and budgetary restraints of government. The Director shall
revise, repeal, or add to these uniform documents and standard forms as
the Director deems necessary to keep them abreast with current practices
in construction contracting, construction project delivery, and changes
in state law.
(2) The form
of agreement for the contracting for, and administration of, public
construction and improvement projects shall be the uniform documents and
standard forms prescribed by the Director. The uniform documents will
consist of a construction contract, bonds, instructions to bidders,
general conditions, and forms for administration of the contract. Copies
of these uniform documents and standard forms are contained in the
appendix to this administrative code and are to b e included in the
project specifications. These uniform documents and standard forms may be reprinted or altered only as defined in
the Manual of Procedures. The terms and conditions of the uniform
documents may be modified by supplemental terms and conditions to
accommodate requirements of a project’s funding source, regulations of
the awarding authority, or project-specific conditions; however, these
modifications shall be subject to the approval of the Director.
Author: Stedmann B. McCollough
Authority: Code of Ala. 1975, § 41-9-141
History: New, Filed: Apr 17, 1997: Certified Aug
29, 1997: Effective Oct 3, 1997
170-X-5-.12 USE of UNIFORM DOCUMENTS
and STANDARD FORMS for PROJECTS NOT SUPERVISED and
ADMINISTERED by the ALABAMA BUILDING COMMISSION.
The uniform documents and standard forms published in
the Manual of Procedures may be used for projects that are not
supervised and administered by the Technical Staff; however, provisions
for decisions, approvals, or other actions by the Director or Technical
Staff shall be deleted from the documents and forms unless otherwise
agreed in writing by the Director.
Author: Stedmann B. McCollough
Authority: Code of Ala. 1975, § 41-9-141
History: New, Filed: Apr 17, 1997: Certified Aug
29, 1997: Effective Oct 3, 1997
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