SF 104

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

A bill for an act
relating to the city of Cannon Falls; authorizing the city to use a design-build
process to award contracts for construction of a library and fire station.

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

Section 1. new text begin CITY OF CANNON FALLS; LIBRARY AND FIRE STATION
DESIGN-BUILD CONTRACTS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) In sections 1 to 5, the definitions in this subdivision
apply.
new text end

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) "Design-build contract" means a single contract between the city 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.
new text end

new text begin (d) "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.
new text end

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

new text begin (f) "Design professional" means a person who holds or employs individuals who
hold a license under Minnesota Statutes, chapter 326, and who is required to be registered
under Minnesota law.
new text end

new text begin (g) "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 city and do not have substantial design responsibility, or designers who will or may be
employed or consulted by the primary designer.
new text end

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

new text begin (i) "Request for proposals" or "RFP" means the document or publication through
which the city solicits proposals from prequalified design-builders to design and construct
a library and a fire station.
new text end

new text begin (j) "Request for qualifications" or "RFQ" means a document to prequalify and
short-list potential design-builders for a 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 city of Cannon Falls may solicit and award a design-build
contract for a project or projects to construct a library and a fire station 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 Procedures. new text end

new text begin (a) The city council shall, by resolution, adopt implementation
procedures consistent with this section for the award of the design-build contract or
contracts.
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 appointed by the city council
to advise the city 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;
new text end

new text begin (2) preparing requests for proposals, including procedures for determining the
appropriate content for each request for proposal;
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new text begin (3) standards to be used to qualify or prequalify design-builders;
new text end

new text begin (4) preparing and submitting proposals;
new text end

new text begin (5) establishing procedures for evaluating proposals in as objective a manner as
possible;
new text end

new text begin (6) establishing 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
new text end

new text begin (7) awarding and executing design-build contracts.
new text end

new text begin Subd. 4. 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 city 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 limit or eliminate the responsibility or liability owed by a
professional on a design-build project to the city or other parties under other law.
new text end

Sec. 2. new text begin CITY OF CANNON FALLS; 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 city of Cannon Falls shall establish a
two-phase procedure for awarding the design-build contract or contracts.
new text end

new text begin Subd. 2. new text end

new text begin Contents. new text end

new text begin The city council shall prepare or have prepared an RFQ. The
RFQ must include the following:
new text end

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;
new text end

new text begin (6) a description of the request for proposals (RFP) requirements;
new text end

new text begin (7) the maximum time allowed for design and construction;
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new text begin (8) the city's estimated cost range of design and construction;
new text end

new text begin (9) requirements for construction experience, design experience, financial,
personnel, and equipment resources available from potential design-builders for the
project and experience in other design-build projects or similar projects, provided that
these requirements may not unduly restrict competition; and
new text end

new text begin (10) the requirement that the primary designer be designated in the response to
the RFQ.
new text end

new text begin Subd. 3. new text end

new text begin Evaluation. new text end

new text begin (a) The city shall solicit and evaluate proposals and select
a design-builder in two phases.
new text end

new text begin (b) In phase one, the city council 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. Prior to adoption of the short list, the city may require clarification
from the design-builders to ensure conformance of proposals to the RFQ. The city must
not consider cost-related or price-related evaluation factors in phase one.
new text end

new text begin (c) In phase two, the city shall use the evaluation criteria in the RFP to determine
the design-build proposal to be the most advantageous and the best value to the public.
Prior to award of a contract, the city may require clarification from the design-builders to
ensure conformance of proposals to the RFP.
new text end

Sec. 3. new text begin CITY OF CANNON FALLS; RFP FOR DESIGN-BUILD.
new text end

new text begin During phase two, the city of Cannon Falls shall issue an RFP to the design-builders
on the short list. The request must include:
new text end

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;
new text end

new text begin (2) a description of the qualifications required of the design-builder;
new text end

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;
new text end

new text begin (6) the city's estimated range of cost for design and construction;
new text end

new text begin (7) the requirement that a submitted proposal be segmented into two parts, a
technical proposal and a price proposal;
new text end

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;
new text end

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;
new text end

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;
new text end

new text begin (11) the date, time, and location of the public opening of the sealed price proposals;
and
new text end

new text begin (12) other information relevant to the project.
new text end

Sec. 4. new text begin CITY OF CANNON FALLS; REPLACING TEAM MEMBERS.
new text end

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 Cannon Falls city council. The
city council 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 city council'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 city shall use the criteria specified in the RFQ
or RFP to evaluate the request.
new text end

Sec. 5. new text begin CITY OF CANNON FALLS; DESIGN-BUILD AWARD.
new text end

new text begin The city council of Cannon Falls 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 city council may reject any or all proposals, but must not do so to evade the
other provisions and policies of this section. If the city council rejects all proposals, it
may then solicit new proposals after making appropriate modifications to performance
criteria, budget constraints, or qualifications.
new text end