HF 1074

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:43am

A bill for an act
relating to highways; authorizing use by the county of Anoka of a design-build
process to award contract for construction of intersection of U.S. Highway 10
and County State-Aid Highway 83.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1. new text begin COUNTY OF ANOKA; HIGHWAY CONSTRUCTION CONTRACT.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) The definitions in this subdivision apply in sections
1 to 5.
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new text begin (b) "Best value" describes a result intended in acquiring design-build services. Best
value determination must include price and must measure a responder's qualifications,
experience, prior performance, and responses to technical and qualitative criteria.
new text end

new text begin (c) "County board" means the Anoka County Board of Commissioners.
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new text begin (d) "Design-build selection panel" means the individuals appointed by the county
board to advise the county administrator and county board in preparing and conducting
the design-build selection process. At least three members of the panel must not be
county employees, at least two members must be professionally licensed under Minnesota
Statutes, chapter 326, and at least one member must be or must have been a commercial
contractor. A panel member must not have a personal financial interest in the project
or with any of the design-build proposals.
new text end

new text begin (e) "Design-build contract" means a single contract between the county and a
design-builder to furnish the architectural, engineering, and related design services as well
as the labor, materials, supplies, equipment, and construction services for the project.
new text end

new text begin (f) "Design-build firm" means a proprietorship, partnership, limited liability
partnership, joint venture, corporation, limited liability company, professional corporation,
or any other type of legal entity.
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new text begin (g) "Design-builder" means a design-build firm that proposes to design and build the
project governed by the procedures of this section.
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new text begin (h) "Design professional" means a person who holds, or employs an individual
who holds, a license under Minnesota Statutes, chapter 326, and who is required to be
registered under Minnesota law.
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new text begin (i) "Primary designer" means the designer who is to have primary design
responsibility for the project, and does not include designers who are merely consulted
by the county and do not have substantial design responsibility, or designers who will or
may be employed or consulted by the primary designer.
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new text begin (j) "Project" means the reconstruction of the intersection of U.S. Highway 10 and
County State-Aid Highway 83.
new text end

new text begin (k) "Proposal" means an offer by a design-builder to enter into a design-build
contract for the project in response to a request for proposals, including a phase-one or
phase-two proposal.
new text end

new text begin (l) "Request for proposals" or "RFP" means the document or publication through
which the county solicits proposals from prequalified design-builders to design and
construct the project.
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new text begin (m) "Request for qualifications" or "RFQ" means a document to prequalify and
short-list potential design-builders for the project.
new text end

new text begin Subd. 2. new text end

new text begin Authority. new text end

new text begin Notwithstanding Minnesota Statutes, section 471.345, or any
other law to the contrary, the county board may solicit and award a design-build contract
for the project on the basis of a best value selection process as provided in this section.
new text end

new text begin Subd. 3. new text end

new text begin Restriction. new text end

new text begin The county board may not enter into a design-build contract
under this section unless the county employs at least one licensed and registered individual
in each of the following categories: (1) architect; (2) mechanical engineer; and (3) civil
engineer. In addition, the county shall employ a full-time project manager with at least
five years of construction management experience.
new text end

new text begin Subd. 4. new text end

new text begin Procedures. new text end

new text begin (a) The county board shall, by resolution, adopt
implementation procedures consistent with this section for the award of the design-build
contract.
new text end

new text begin (b) The implementation procedures must, at a minimum, govern:
new text end

new text begin (1) the establishment of a design-build selection panel to advise the county board
and county administrator in preparing and conducting the design-build selection process,
including a recommendation for the selection of a design-build proposal it considers
to be of best value to the public;
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new text begin (2) preparation of a request for proposals, including procedures for determining the
appropriate content for the request for proposals;
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new text begin (3) standards to be used to qualify or prequalify design-builders;
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new text begin (4) preparation and submission of proposals;
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new text begin (5) establishment of procedures for evaluating proposals in as objective a manner as
possible;
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new text begin (6) safeguards during the procurement process to preserve confidential information
and proprietary information supplied by those submitting proposals in accordance with
Minnesota Statutes, chapter 13, including, but not limited to, an offeror's price, technical
solutions, innovative or unique technology, and innovative or unique use of commercially
available items; and
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new text begin (7) award and execution of the design-build contract.
new text end

new text begin Subd. 5. new text end

new text begin Licensing requirements. new text end

new text begin (a) A design-builder must be licensed and
registered to provide the services required to complete the project and do business in
this state.
new text end

new text begin (b) A design-builder may enter into a contract with the county to provide professional
or construction services that the design-builder is not licensed, registered, or qualified to
perform, so long as the design-builder provides the services through subcontracts with
licensed, registered, or otherwise qualified persons in accordance with this section.
new text end

new text begin (c) This section does not limit or eliminate the responsibility or liability owed by a
professional on the design-build project to the county or other parties under other law.
new text end

Sec. 2. new text begin COUNTY OF ANOKA; DESIGN-BUILD PROCESS.
new text end

new text begin Subdivision 1. new text end

new text begin Two-phase procedure. new text end

new text begin The county board shall establish a two-phase
procedure for awarding the design-build contract.
new text end

new text begin Subd. 2. new text end

new text begin Contents. new text end

new text begin The county board, after considering recommendations from
the design-build panel, shall prepare or have prepared an RFQ. The RFQ must include
the following:
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new text begin (1) the minimum qualifications of design-builders necessary to meet the requirements
for acceptance;
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new text begin (2) a scope of work statement and schedule;
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new text begin (3) documents defining the project requirements;
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new text begin (4) the form of contract to be awarded;
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new text begin (5) the weighted selection criteria for compiling a short list and the number of firms
to be included in the short list, which must be at least three but not more than five;
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new text begin (6) a description of the RFP requirements;
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new text begin (7) the maximum time allowed for design and construction;
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new text begin (8) the county's estimated cost range of design and construction;
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new text begin (9) requirements for:
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new text begin (i) construction experience, design experience, and financial, personnel, and
equipment resources available from potential design-builders for the project; and
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new text begin (ii) experience in other design-build projects or similar projects, provided that the
requirements in item (i) and this item may not unduly restrict competition;
new text end

new text begin (10) the requirement that the primary designer be designated in the response to
the RFQ; and
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new text begin (11) a statement that "past performance" or "experience" does not include the
exercise or assertion of a person's legal rights.
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new text begin Subd. 3. new text end

new text begin Evaluation. new text end

new text begin (a) The county shall solicit and evaluate proposals and select
a design-builder in two phases.
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new text begin (b) In phase one, the county board, after considering recommendations from the
design-build panel, shall adopt a short list of at least three but no more than five of the
most highly qualified firms in accordance with qualifications criteria described in the RFQ.
Before adopting the short list, the design-build selection panel or county board may require
clarification from the design-builders to ensure conformance of proposals to the RFQ. The
county must not consider cost-related or price-related evaluation factors in phase one.
new text end

new text begin (c) In phase two, the design-build selection panel and the county shall use the
evaluation criteria in the RFP to select the design-build proposal that is the most
advantageous and best value to the public. Before awarding a contract, the design-build
selection panel and, if necessary, the county board may require clarification from the
design-builders to ensure conformance of proposals to the RFP.
new text end

Sec. 3. new text begin COUNTY OF ANOKA; RFP FOR DESIGN-BUILD.
new text end

new text begin During phase two, the county shall issue an RFP to the design-builders on the short
list. The request must include:
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new text begin (1) the scope of work, including (i) performance and technical requirements, (ii)
conceptual design, (iii) minimum specifications, and (iv) functional and operational
elements for the delivery of the completed project, which must be prepared by a design
professional qualified to prepare the necessary documents;
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new text begin (2) a description of the qualifications required of the design-builder;
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new text begin (3) a description of the selection criteria, including the weighting of each criterion;
new text end

new text begin (4) copies of the contract documents that the successful proposer will be expected to
sign;
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new text begin (5) the maximum time allowable for design and construction;
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new text begin (6) the county's estimated range of cost for design and construction;
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new text begin (7) the requirement that a submitted proposal be segmented into two parts: a
technical proposal and a price proposal;
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new text begin (8) the requirement that each proposal be in a separately sealed, clearly identified
package and include the date and time of the submittal deadline;
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new text begin (9) the requirement that the technical proposal include a critical path method,
bar schedule of the work to be performed, or similar schematic; design plans and
specifications; technical reports; calculations; permit requirements; applicable
development fees; and other data requested in the RFP;
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new text begin (10) the requirement that the price proposal contain all design, construction,
engineering, inspection, and construction-related costs, and all other costs of any kind
of the proposed project;
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new text begin (11) the date, time, and location of the public opening of the sealed price proposals;
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new text begin (12) a statement that "past performance" or "experience" does not include the
exercise or assertion of a person's legal rights; and
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new text begin (13) other information relevant to the project.
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Sec. 4. new text begin COUNTY OF ANOKA; REPLACING TEAM MEMBERS.
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new text begin An individual or a design-build firm identified in a response to an RFQ or RFP may
not be replaced without the written approval of the county board. The county board may
revoke an awarded contract if an individual or a design-build firm identified in a response
to an RFQ or RFP is replaced without the county board's written approval. To qualify for
the approval, the written request must document that the proposed replacement individual
or design-build firm will be equal to or better than that described in the response to the
RFQ or RFP. The county board shall use the criteria specified in the RFQ or RFP to
evaluate the request.
new text end

Sec. 5. new text begin COUNTY OF ANOKA; DESIGN-BUILD AWARD.
new text end

new text begin The county board, after considering the recommendations of the design-build
selection panel, shall award the design-build contract to the proposer with the highest
scored proposal based on the evaluation criteria in the RFP. The rationale for the selection
of the proposal must be stated at the time of the contract award. The county board may
reject any or all proposals, but must not do so to evade the other provisions and policies
of this act. If the county board rejects all proposals, it may then solicit new proposals
after making appropriate modifications to performance criteria, budget constraints, or
qualifications.
new text end