Emergency Projects

In case of emergencies caused by fire, water, or wind/tornadoes, what steps should state agencies, Alabama Community College System (ACCS) institutions and K-12 schools follow?
  1. Address the immediate crisis.
  2. Call Risk Management.
  3. Declare an emergency.
  4. Secure the services of an architect or engineer.
  5. Solicit at least three contractors’ proposals.

1. Address the Immediate Crisis

Property owners may contact a licensed and insured contractor without advertisement for bids (a written quote must still be secured) only to address the immediate crisis which typically involves sealing the building, drying it out and securing the area. This work is limited to stopping damage to assets and securing the area for the health and safety of the public. Owners may authorize such work through a Purchase Order/Priority Authorization (in which case the policies and procedures established by the Alabama Department of Finance, Division of Purchasing must be followed) or other contracting means available to the agency.

2. Call Risk Management

After contacting a contractor to address the immediate crisis, immediately call the Alabama Division of Risk Management at 334-223-6146 to report a property claim. An adjuster will be sent to the site typically within twenty-four hours.

3. Declare an Emergency

First determine which of the following Sections of the Code of Alabama, 1975, as amended, is applicable to the emergency: Sections 29-2-41.1, 39-2-2(e), 41-16-23 and/or 41-16-72(6). Declare an emergency by sending a letter to the Governor’s Office and emailing a copy of the letter to DCM Director Frank Barnes at frank.barnes@realproperty.alabama.gov. The letter must be addressed to the Governor (and to the Attorney General if Section 41-16-72(6) is applicable), must reference the applicable Sections of the Code of Alabama, must briefly describe the emergency affecting any of the following applicable basis: public health, safety, security, convenience involved in delay and/or economic welfare of the State, must note the intent to secure a design professional or the name of the Architectural/Engineering firm if one has already been selected, must note the intent to solicit construction proposals for repair and/or replacement, and must include the Governor's Approval signature space. Download a Declaration of Emergency template.

4. Secure the Services of an Architect or Engineer

An emergency declaration allows owners to secure the services of an Architect or Engineer (design professional) through a formal selection process or informally without a request for qualifications. The design professional will assess the site, recommend any actions to prevent further damage and may also issue plans and specifications to repair damaged areas and replace equipment. Such services require the issuance of an Agreement Between Owner and Architect (O/A Agreement) for the design professional to be paid. The agreement must be limited to addressing the immediate crisis, and repair and/or replacement work in order to meet the emergency and cannot go beyond the scope of such work. O/A Agreements for locally-funded K-12 emergency projects must be submitted to the State Department of Education (SDE) State School Architect’s office for review. O/A Agreements for State Agencies, ACCS educational institutions and PSCA-funded emergency projects must be submitted to Division of Construction Management (DCM) for review.

The following additional terms are applicable only to state agencies whose professional services contracts are reviewed by Contract Review Permanent Legislative Oversight Committee:

  • If the emergency is based on public health or safety, a contract may be let for the time period necessary to alleviate the emergency without Legislative Oversight Committee review.
  • Contracts based upon economic welfare emergencies that last 60 days or less do not require Legislative Oversight Committee review.
  • Contracts based upon economic welfare emergencies lasting more than 60 days must be reviewed by Legislative Oversight Committee.
  • Emergency contracts based on “convenience” may be let for the time period necessary to alleviate the emergency but must be reviewed by Legislative Oversight Committee regardless of the duration of the contract.

Note: Any construction which affects code compliance beyond addressing the immediate crisis requires plans and specifications to be issued by a duly licensed Architect or Engineer; such plans and specifications must be submitted to DCM for plan review.

5. Solicit at Least Three Contractors’ Proposals

An emergency declaration allows owners and design professionals to formally advertise for bids or informally solicit proposals from at least three different contractors for any repair and/or replacement work and issue a bid tabulation. Documentation must show a minimum of three proposals were sought even if a lesser number respond. Repair and/or replacement work requires the issuance of a construction contract for a contractor to be paid. Designers shall include the bid tab with the prepared construction contract documents. Contracts for state agencies, ACCS and PSCA-funded projects must be submitted to DCM for review. Contracts for locally-funded K-12 projects must be submitted to the SDE School Architect’s office for review. The contract must be limited to repair and/or replacement work in order to meet the emergency and cannot go beyond the scope of such work.

Additional Emergency Steps Information

  • When a declared-emergency project is under DCM jurisdiction the only exceptions are the request for qualifications of design professionals and the advertisement for bids requirements. All other project requirements in the DCM Manual of Procedures must be met.
  • All repair and/or replacement plans and specifications with code compliance items for state agencies, ACCS, PSCA-funded projects and all public and private K-12 projects are submitted to DCM for plan review which requires payment of plan review fees. O/A Agreements and contracts for state agencies, ACCS and PSCA-funded projects are submitted to DCM for review which requires payment of contract document administration fees. Repair and/or replacement work for state agencies, ACCS, PSCA-funded projects and locally-funded K-12 projects requires a DCM Inspector-facilitated pre-construction conference, and the construction is inspected by DCM Inspectors; such services require payment of the permit fee. See DCM Manual of Procedures, Forms and User Fees.
  • For further guidance see Code of Alabama, 1975, as amended, Sections 29-2-41.1, 39-2-2(e), 41-16-23, and 41-16-72(6), and/or contact DCM staff.