HF 3334

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 04/12/2010 11:24am

A bill for an act
relating to transportation; amending trunk highway project bidding procedures;
requiring use of alternative bidding for competing paving materials; amending
Minnesota Statutes 2008, sections 161.32, by adding a subdivision; 174.185.

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

Section 1.

Minnesota Statutes 2008, section 161.32, is amended by adding a
subdivision to read:

new text begin Subd. 8. new text end

new text begin Alternative bidding; paving materials. new text end

new text begin (a) For purposes of this
subdivision, the terms defined in section 174.185, subdivision 1, have the meanings given
them.
new text end

new text begin (b) For all contracts for an applicable project entered into on or after January 31,
2011, the commissioner shall use the standard for life-cycle cost analysis developed under
section 174.185, subdivision 1a, as the basis for alternative bidding in which bidders may
select alternative project designs that use alternative paving materials.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2008, section 174.185, is amended to read:

174.185 PAVEMENT LIFE-CYCLE COST ANALYSIS.

Subdivision 1.

Definitions.

For the purposes of this section, the following
definitions apply.

(a) new text begin "Applicable project" means any suitable trunk highway project in the statewide
transportation improvement program categorized for construction, reconstruction,
resurfacing, or reconditioning. Applicable project does not include (1) overlays; (2) on
a two-lane road, a main-line project in which there is less than two miles of length of
roadway within the construction limits; and (3) on a multilane road, a main-line project in
which there is less than 30,000 square yards of paving within the construction limits.
new text end

new text begin (b) new text end "Life-cycle cost" is the sum of the cost of the initial pavement project and
all anticipated costs for maintenance, repair, and resurfacing over the life of the
pavement. Anticipated costs must be based on Minnesota's actual or reasonably projected
maintenance, repair, and resurfacing schedules, and costs determined by the Department
of Transportation district personnel based upon recently awarded local projects and
experience with local material costs.

deleted text begin (b) deleted text end new text begin (c) new text end "Life-cycle cost analysis" is a comparison of life-cycle costs among
competing paving materials using deleted text begin equal design lives and equal comparison periods deleted text end new text begin an
equal analysis comparison period new text end .

new text begin Subd. 1a. new text end

new text begin Uniform standard. new text end

new text begin By January 15, 2011, the commissioner shall develop
a statewide uniform standard for life-cycle cost analysis based on the net present value
method of comparative analysis of alternate paving materials from the Federal Highway
Administration, United States Department of Transportation.
new text end

Subd. 2.

Required analysis.

For each new text begin applicable new text end project deleted text begin in the reconditioning,
resurfacing, and road repair funding categories deleted text end , the commissioner shall perform a
life-cycle cost analysis and shall document the lowest life-cycle costs and all alternatives
considered. The commissioner shall document the chosen pavement strategy and, if the
lowest life cycle is not selected, document the justification for the chosen strategy. A
life-cycle cost analysis is required for projects to be constructed after deleted text begin July 1 deleted text end new text begin January 31 new text end ,
2011. For projects to be constructed deleted text begin prior to July deleted text end new text begin before February new text end 1, 2011, when feasible,
the department will use its best efforts to perform life-cycle cost analyses.

Subd. 3.

Report.

new text begin By January 15, 2012, and annually by January 15 thereafter, new text end the
commissioner shall report deleted text begin annually deleted text end to the chairs and ranking minority members of the
senate and house of representatives committees with jurisdiction over transportation
finance deleted text begin beginning on January 1, 2012, deleted text end new text begin on:
new text end

new text begin (1) new text end the results of the analyses required in subdivision 2 new text begin ; and
new text end

new text begin (2) the results of alternative bidding under section 161.32, subdivision 8, including a
listing of projects awarded using alternative bidding and projects identified as unsuitable
for alternative bidding new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end