HF 977

1st Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to state agencies; providing that for certain 
  1.3             contracts the design-build method of construction may 
  1.4             be used; amending Minnesota Statutes 1996, sections 
  1.5             16B.31, subdivision 1; and 16B.33, subdivision 1. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1996, section 16B.31, 
  1.8   subdivision 1, is amended to read: 
  1.9      Subdivision 1.  [CONSTRUCTION PLANS AND SPECIFICATIONS.] 
  1.10  (a) The commissioner shall (1) have plans and specifications 
  1.11  prepared for the construction, alteration, or enlargement of all 
  1.12  state buildings, structures, and other improvements except 
  1.13  highways and bridges, and except for buildings and structures 
  1.14  under the control of the board of trustees of the Minnesota 
  1.15  state colleges and universities; (2) approve those plans and 
  1.16  specifications; (3) advertise for bids and award all contracts 
  1.17  in connection with the improvements; (4) supervise and inspect 
  1.18  all work relating to the improvements; (5) approve all lawful 
  1.19  changes in plans and specifications after the contract for an 
  1.20  improvement is let; and (6) approve estimates for payment.  This 
  1.21  subdivision does not apply to the construction of the zoological 
  1.22  gardens.  
  1.23     (b) The commissioner may use a design-build method of 
  1.24  project development and construction for new facilities or major 
  1.25  additions and renovations estimated to be in excess of 
  2.1   $5,000,000.  The commissioner may award a design-build contract 
  2.2   on the basis of requests for proposals and requests for 
  2.3   qualifications without bids.  "Design-build method of project 
  2.4   development and construction" means a project delivery system in 
  2.5   which a single contractor is responsible for both the design and 
  2.6   the construction of the project and bids the design and 
  2.7   construction together.  
  2.8      Sec. 2.  Minnesota Statutes 1996, section 16B.33, 
  2.9   subdivision 1, is amended to read: 
  2.10     Subdivision 1.  [DEFINITIONS.] As used in this section, the 
  2.11  following terms have the meanings given them:  
  2.12     (a) "Agency" has the meaning given in section 16B.01.  
  2.13     (b) "Architect" means an architect or landscape architect 
  2.14  registered to practice under sections 326.02 to 326.15.  
  2.15     (c) "Board" means the state designer selection board.  
  2.16     (d) "Designer" means an architect or engineer, or a 
  2.17  partnership, association, or corporation comprised primarily of 
  2.18  architects or engineers or of both architects and engineers, or 
  2.19  for projects under section 16B.31, subdivision 1, paragraph (b), 
  2.20  the design-build team or contractor.  
  2.21     (e) "Engineer" means an engineer registered to practice 
  2.22  under sections 326.02 to 326.15.  
  2.23     (f) "Person" includes an individual, corporation, 
  2.24  partnership, association, or any other legal entity.  
  2.25     (g) "Primary designer" means the designer who is to have 
  2.26  primary design responsibility for a project, and does not 
  2.27  include designers who are merely consulted by the user agency 
  2.28  and do not have substantial design responsibility, or designers 
  2.29  who will or may be employed or consulted by the primary designer.
  2.30     (h) "Project" means an undertaking to construct, erect, or 
  2.31  remodel a building by or for the state or an agency.  
  2.32     (i) "User agency" means the agency or agencies undertaking 
  2.33  a specific project.