relating to highways; amending design-build contracting provisions; modifying
provisions relating to transportation projects; requiring report;amending
Minnesota Statutes 2008, sections 161.3426, subdivision 3, by adding a
subdivision; 174.02, by adding subdivisions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 2008, section 161.3426, subdivision 3, is amended to
Subd. 3. Stipulated fee.
The commissioner shall award a stipulated fee not less than
two-tenths of one percent of the department's estimated cost of design and construction
to each short-listed, responsible proposer who provides a responsive but unsuccessful
proposal. When the RFP specifies a maximum price, the stipend must be awarded if the
1.13proposal is responsive in all other aspects but comes in above the maximum price.
the commissioner does not award a contract, all short-listed proposers must receive the
stipulated fee. If the commissioner cancels the contract before reviewing the technical
proposals, the commissioner shall award each design-builder on the short list a stipulated
fee of not less than two-tenths of one percent of the commissioner's estimated cost of
design and construction. The commissioner shall pay the stipulated fee to each proposer
within 90 days after the award of the contract or the decision not to award a contract.
In consideration for paying the stipulated fee, the commissioner may use any ideas or
information contained in the proposals in connection with any contract awarded for the
project or in connection with a subsequent procurement, without any obligation to pay
any additional compensation to the unsuccessful proposers. Notwithstanding the other
provisions of this subdivision, an unsuccessful short-list proposer may elect to waive the
stipulated fee. If an unsuccessful short-list proposer elects to waive the stipulated fee, the
commissioner may not use ideas and information contained in that proposer's proposal.
Upon the request of the commissioner, a proposer who waived a stipulated fee may
withdraw the waiver, in which case the commissioner shall pay the stipulated fee to the
proposer and thereafter may use ideas and information in the proposer's proposal.
Sec. 2. Minnesota Statutes 2008, section 161.3426, is amended by adding a subdivision
2.7 Subd. 6. Reissuance of bids. If the commissioner rejects all bids or does not
2.8execute the contract, the commissioner may reissue the RFP and allow only short-listed
2.9teams to resubmit proposals. The commissioner shall then pay a reasonable stipulated
2.10fee to each short-listed, responsible proposer who provides a responsive but unsuccessful
2.11proposal in response to the reissued RFP. When the reissued RFP specifies a maximum
2.12price, the stipend must be awarded if the proposal is responsive in all other aspects but
2.13comes in above the maximum price.
Sec. 3. Minnesota Statutes 2008, section 174.02, is amended by adding a subdivision
2.16 Subd. 8. Alternative financing and investment in transportation projects. (a)
2.17The commissioner may enter into agreements with governmental or nongovernmental
2.18entities, including private and nonprofit entities, to finance or invest in transportation
2.19projects, including repayment agreements subject to the availability of state money or
2.20other dedicated revenue or resources, with the approval of the commissioner of Minnesota
2.21Management and Budget.
2.22(b) By August 1, 2011, and annually by August 1 thereafter, the commissioner shall
2.23submit to the chairs and ranking minority members of the house of representatives and
2.24senate committees having jurisdiction over transportation policy and finance, a listing of
2.25all agreements executed under this subdivision. The listing must identify each agreement,
2.26the contracting entities, contract amount, duration, and any repayment requirements. The
2.27listing may be submitted electronically, and is subject to section 3.195, subdivision 1.
Sec. 4. Minnesota Statutes 2008, section 174.02, is amended by adding a subdivision
2.30 Subd. 9. Federal financial program authority. The commissioner may apply
2.31for and receive financial assistance under the Transportation Infrastructure Finance and
2.32Innovation Act of 1998 (TIFIA), United States Code, title 23, chapter 6, or through other
2.33federal transportation loan, grant, or credit assistance programs. The assistance may
3.1include but is not limited to loans, loan guarantees, and lines of credit. The commissioner
3.2may enter into agreements to repay the financial assistance subject to the availability of
3.3state money or other dedicated revenue or resources, with the approval of Minnesota
3.4Management and Budget.