Emergency Projects

1. Address the immediate crisis.
2. Call the insurance carrier.
3. Declare an emergency.
4. Secure the services of an architect or engineer.
5. Solicit at least three contractors’ proposals.

Step 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 owner.

Step 2: Call the Insurance Carrier

After contacting a contractor to address the immediate crisis, promptly call the owner's insurance carrier. If the carrier is the Alabama Division of Risk Management (DRM), call 334-223-6146 to report a property claim, and include the DRM claim # on O/A Agreements and B-1 transmittals.

Step 3: Declare an Emergency

• All owner entities: Regardless of the declaration method, the Division of Construction Management (DCM) must be informed of a Declaration of Emergency as soon as possible in order for DCM to correctly administer a declared emergency project.
• K-12 public schools: The local Board of Education’s Declaration of Emergency, such as Board meeting minutes, must be sent to DCM Director Lee Desmond at lee.desmond@rpm.alabama.gov.
• State Agencies and Public Universities: 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), and 41-4-136 and the emergency procurement provision contained in Rule 355-4-3-.07. The procedures meet Code of Alabama requirements. Declare an emergency by emailing a copy of the letter to DCM Director Lee Desmond at lee.desmond@rpm.alabama.gov. The letter must: be addressed to the Governor; reference the applicable Sections of the Code of Alabama; briefly describe the emergency affecting any of the following applicable basis: a threat to public health, safety, under emergency conditions that creates an immediate and serious need and creates an immediate and serious need that cannot be met through normal procurement methods the lack of which would seriously threaten the functioning of state government, the preservation or protection of property, or the health or safety of an individual; note the intent to secure a design professional, or note the name of the Architectural/Engineering firm if one has already been selected; note the intent to solicit construction proposals for repair and/or replacement.

Step 4: Secure the Services of an Architect or Engineer

An emergency declaration allows owners to legally secure the services of an Architect or Engineer (design professional) 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. The Owner's Declaration of Emergency must be attached to the O/A Agreement. O/A Agreements for fully locally-funded K-12 emergency projects must be submitted to the Alabama State Department of Education (SDE), LEA Auxiliary Services, School Facilities’ office for review via a DocuSign link on DCM's Fully Locally-Funded Public K-12 Projects webpage. O/A Agreements and Amendments for State Agencies and PSCA-funded emergency projects must be submitted to 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.

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.

Step 5: Solicit at Least Three Contractors’ Proposals

An emergency declaration allows owners and design professionals to legally solicit proposals from at least three different contractors for any repair and/or replacement work, without advertisement for bid. When bids are solicited without advertisement, include the Owner’s Declaration of Emergency and an Invitation to Bid (see DCM Form C-1A: Sample Invitation To Bid) instead of the Advertisement For Bids in any project manual. Documentation must show a minimum of three proposals were sought even if a lesser number respond; a tabulation of bids must be issued. Repair and/or replacement work requires the issuance of a construction contract for a contractor to be paid. Designers shall attach the bid tab and the Owner's Declaration of Emergency to the prepared construction contract documents. Contracts for state agencies and PSCA-funded emergency projects must be submitted to DCM for review. Contracts for fully locally-funded K-12 emergency projects must be submitted to the SDE LEA Auxiliary Services, School Facilities’ office for review via a DocuSign link available from DCM's Engage Portal. 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 Information

• When a declared-emergency project is within DCM's jurisdiction the only exceptions to normal project requirements are the request for qualifications of design professionals and the advertisement for bids. All other project requirements in the DCM Manual of Procedures must be met; for example, if a declared emergency project is over $100,000.00, sealed proposals are required and must be publicly opened and read.
• All repair and/or replacement plans and specifications with code compliance items for state agencies, 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 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, 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. Exception: fully locally-funded K-12 and four-year public University projects for capital improvements, HVAC or roofing, with an estimated cost of $750,000.00 or Less are exempt from DCM Fees; such projects are still subject to DCM plan reviews and inspections.
• A Sales and Use Tax Certificate of Exemption for a Government Entity Project administered by the Alabama Department of Revenue must be acquired separately by the Owner, General Contractor and Subcontractors per Act 2013-205 for each government entity owned project. The only projects under DCM's jurisdiction to which this does not apply are privately owned hotels/motels and movie theaters.
• For further guidance see Code of Alabama, 1975, as amended, Sections 29-2-41.1, 39-2-2(e), 41-16-23, 41-4-136 and the emergency procurement provision contained in Rule 355-4-3, and/or contact DCM staff.