Snider, 040119 ALAGO, AGO 2019-28

Case DateApril 01, 2019
CourtAlabama
Honorable Tad Snider
AGO 2019-28
No. 2019-028
Alabama Attorney General Opinion
State of Alabama Office of the Attorney General
April 1, 2019
         Honorable Tad Snider          Executive Director/Chief Executive Officer          Birmingham-Jefferson Civic Center Authority          2100 Richard Arrington Jr. Boulevard North          Birmingham, Alabama 35203          Birmingham-Jefferson Civic Center Authority - Public Works Law -Construction - Projects          The Birmingham-Jefferson Civic Center Authority may divide a stadium construction project into phases and award a contract for each to a different low bidder in order to meet construction deadlines.          Dear Mr. Snider:          This opinion of the Attorney General is issued in response to your request on behalf of the Birmingham-Jefferson Civic Center Authority.          QUESTION          May the Birmingham-Jefferson Civic Center Authority divide a stadium construction project into phases and award a contract for each to a different low bidder in order to meet construction deadlines?          FACTS AND ANALYSIS          Your request states that the Birmingham-Jefferson Civic Center Authority ("Authority") is in the process of constructing an athletic stadium on property it owns. You further state that the project must be completed by July 2021 in time for the World Games and the home opener of the football team of the University of Alabama at Birmingham in September 2021. The Authority is an awarding authority under the Public Works Law and the project is a public works constructed on public property with public funds in the amount of approximately $150 million.          You additionally state that the Authority proposes to split the project into two phases. Doing so will allow construction to begin on Phase One while finalizing plans and specifications for the remainder of the stadium in Phase Two. All phases will be bid. Phase One will consist of site work, foundations, utilities, and completion of the bowl structure. It will also include...

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