HF 1282

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to local government; authorizing 
  1.3             municipalities to provide for contract bid 
  1.4             specifications, design, and construction standards; 
  1.5             amending Minnesota Statutes 1998, section 471.345, by 
  1.6             adding a subdivision. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1998, section 471.345, is 
  1.9   amended by adding a subdivision to read: 
  1.10     Subd. 5b.  [DESIGN-BUILD CONTRACTS.] (a) Notwithstanding 
  1.11  subdivisions 2 to 14 or any other law to the contrary, for a 
  1.12  public building with an estimated design and construction cost 
  1.13  of $2,000,000 or less, the governing body of a municipality may 
  1.14  determine that the design-build process is in the public's best 
  1.15  interest.  If the design-build process is to be used, the 
  1.16  municipality must prepare specifications to be used to advertise 
  1.17  for proposals and award a contract for designing and 
  1.18  constructing the public building.  Said specifications must 
  1.19  include, but are not limited to:  (1) a proposed floor plan or 
  1.20  layout indicating the general dimensions of the public building; 
  1.21  (2) preferences or requirements relating to a basement; (3) 
  1.22  preferred composition of exterior and interior walls; (4) 
  1.23  preferred location, number, and general style of any windows 
  1.24  desired; (5) preferred types of HVAC facilities; (6) preferred 
  1.25  types of flooring and wall coverings; (7) preferred type, 
  1.26  quantity, and location of lighting; (8) general electric 
  2.1   specifications including the preferred type and number of 
  2.2   outlets in each room; (9) preferred type and location of 
  2.3   interior and exterior doors; (10) any additional features such 
  2.4   as built-in cabinets, shelving, appliances, counters, and 
  2.5   telephone wiring; and (11) aesthetic and convenience 
  2.6   considerations. 
  2.7      (b) Contractors must be selected through a request for 
  2.8   proposals process that evaluates the proposals based on design, 
  2.9   cost, quality, and other selection criteria specified by the 
  2.10  municipality in its request for proposals.  Notice of requests 
  2.11  for proposals must be advertised in the same manner as bids 
  2.12  solicited under this section.  The published notice seeking 
  2.13  proposals must include the time, date, and location of a 
  2.14  pre-proposal conference at which time those interested in 
  2.15  submitting proposals must have the opportunity to seek 
  2.16  additional detail for the project from the municipality.  The 
  2.17  pre-proposal conference must be held at least ten days before 
  2.18  the final date for the submission of proposals. 
  2.19     (c) If the governing body of the municipality selects a 
  2.20  contractor that did not submit the lowest cost proposal, the 
  2.21  selection must be:  (1) approved by a two-thirds vote of all its 
  2.22  members, (2) accompanied by detailed findings stating the 
  2.23  reasons for the selection, and (3) awarded to a contractor whose 
  2.24  proposal does not exceed 105 percent of the lowest cost 
  2.25  proposal.  The governing body of the municipality retains the 
  2.26  right to reject all proposals. 
  2.27     (d) A person, firm, or corporation selected must certify, 
  2.28  before the contracts are finally signed, a construction price 
  2.29  and completion date to the municipality.  The municipality must 
  2.30  secure bonds as required in section 574.26. 
  2.31     (e) Contractors selected according to this subdivision must 
  2.32  be; employ; or have as a partner, member, co-venturer or 
  2.33  subcontractor, persons licensed and registered under chapter 326 
  2.34  to provide the services required to complete the project. 
  2.35     (f) A citizen advisory board, separate from a planning 
  2.36  commission, appointed by the governing body of the municipality 
  3.1   must review the request for proposals under this subdivision and 
  3.2   make recommendations for the selection of a contractor.  The 
  3.3   board must have at least three members and, if practical, one 
  3.4   member must be an architect, engineer, landscape architect, land 
  3.5   surveyor, geoscientist, or interior designer licensed in 
  3.6   Minnesota.  A member of the citizen advisory board must not have 
  3.7   a personal financial interest:  (1) in any person, firm, or 
  3.8   corporation that submits a proposal; or (2) in the design or 
  3.9   construction of the public building.  Also, a member of the 
  3.10  citizen advisory board or the municipality's governing body must 
  3.11  not personally benefit from the project.  Final selection of the 
  3.12  contractor and approval of the design or project must be made by 
  3.13  the governing body of the municipality. 
  3.14     Sec. 2.  [EFFECTIVE DATE; DURATION OF AUTHORITY.] 
  3.15     Section 1 is effective the day following its final 
  3.16  enactment.  Section 1 expires December 31, 2004.