SF 59

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:10am

A bill for an act
relating to counties; extending design-build authority from Hennepin County to
all counties; amending Minnesota Statutes 2008, section 383B.158, subdivision 1.

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

Section 1.

Minnesota Statutes 2008, section 383B.158, subdivision 1, is amended to
read:

Subdivision 1.

Definitions.

(a) In sections 383B.158 to 383B.1585, the definitions
in this subdivision apply.

(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.

(c) "County board" means the deleted text begin Hennepin deleted text end county board of commissioners.

(d) "Design-build selection panel" means the individuals appointed by the county
to advise the county administrator and county board in preparing and conducting
the design-build selection process. At least three members of the committee must
be individuals who are not county employees, a minimum of two members must be
professionally licensed under chapter 326, and at least one must be or must have been a
commercial contractor. No committee member shall have personal financial interest in the
project or with any of the design-build proposals.

(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 a project.

(f) "Design-build firm" means a proprietorship, partnership, limited liability
partnership, joint venture, corporation, or any type of limited liability company,
professional corporation, or any legal entity.

(g) "Design-builder" means the design-build firm that proposes to design and build a
project governed by the procedures of this section.

(h) "Design professional" means a person who holds or employs individuals who
hold a license under chapter 326 and who is required to be registered under Minnesota law.

(i) "Primary designer" means the designer who is to have primary design
responsibility for a 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.

(j) "Project" means an undertaking for the county to design, construct, erect, or
remodel a building or facility, or to design, construct, or reconstruct a county road, bridge,
or other infrastructure relating to a county roadway.

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

(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 a design-build project.

(m) "Request for qualifications" or "RFQ" means a document to prequalify and
short-list potential design-builders for a project.

Sec. 2. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin The revisor of statutes shall renumber Minnesota Statutes, sections 383B.158 to
383B.1585, as Minnesota Statutes, sections 375.771 to 375.776. The revisor shall also
make necessary cross-reference changes in Minnesota Statutes and Minnesota Rules
consistent with the renumbering.
new text end