SF 1509

2nd Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to Hennepin County; modifying design-build contract provisions;
amending Minnesota Statutes 2006, sections 383B.158, subdivisions 1, 3, 4;
383B.1581, subdivisions 2, 3; 383B.1584; repealing Minnesota Statutes 2006,
section 383B.1586.

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

Section 1.

Minnesota Statutes 2006, section 383B.158, subdivision 1, is amended to
read:

Subdivision 1.

Definitions.

(a) In sections 383B.158 to deleted text begin 383B.1586 deleted text end new text begin 383B.1585 new text end ,
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 Hennepin County Board of Commissioners.

(d) " deleted text begin Designer deleted text end new text begin Design-build new text end selection deleted text begin committee deleted text end new text begin panel new text end " means the deleted text begin designer selection
committee deleted text end new text begin individuals new text end 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.

new text begin (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.
new text end

deleted text begin (i) deleted text end new text begin (j) new text end "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.

deleted text begin (j) deleted text end new text begin (k) new text end "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.

deleted text begin (k) deleted text end new text begin (l) new text end "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.

deleted text begin (l) deleted text end new text begin (m) new text end "Request for qualifications" or "RFQ" means a document to prequalify and
short-list potential design-builders for a project.

Sec. 2.

Minnesota Statutes 2006, section 383B.158, subdivision 3, is amended to read:

Subd. 3.

Restriction.

(a) deleted text begin The authority granted in sections 383B.158 to 383B.1586
shall be to evaluate the effectiveness of the design-build process for a county project. deleted text end new text begin The
number of design-build contracts awarded by the county board must not be more than ten
percent of its total projects in any fiscal year.
new text end

(b) The board may not enter into a design-build contract under this section unless
the county has as employees at least one of each of the following, each of whom must be
licensed and registered under state law: an architect, a mechanical engineer, and a civil
engineer. In addition, the county must employ a full-time project manager with at least
five years of construction management experience.

Sec. 3.

Minnesota Statutes 2006, section 383B.158, subdivision 4, is amended to read:

Subd. 4.

Procedures.

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

(b) The implementation procedures must, at a minimum, govern:

(1) the establishment of a deleted text begin designer deleted text end new text begin design-build new text end selection deleted text begin committee deleted text end new text begin panel new text end appointed
by the county to advise the county administrator and the county board 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;

(2) preparing requests for proposals, including procedures for determining the
appropriate content for each request for proposal;

(3) standards to be used to qualify or prequalify design-builders;

(4) preparing and submitting proposals;

(5) establishing procedures for evaluating proposals in as objective a manner as
possible;

(6) establishing safeguards new text begin during the procurement process new text end to preserve confidential
information and proprietary information supplied by those submitting proposals new text begin in
accordance with chapter 13, new text end 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

(7) awarding and executing design-build contracts.

Sec. 4.

Minnesota Statutes 2006, section 383B.1581, subdivision 2, is amended to read:

Subd. 2.

Contents.

The county, after considering recommendations from the
deleted text begin designer deleted text end new text begin design-build new text end selection deleted text begin committee deleted text end new text begin panel new text end , shall prepare or have prepared an RFQ.
The RFQ must include the following:

(1) the minimum qualifications of design-builders necessary to meet the requirements
for acceptance;

(2) a scope of work statement and schedule;

(3) documents defining the project requirements;

(4) the form of contract to be awarded;

(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 deleted text begin two deleted text end new text begin three new text end but not more than five;

(6) a description of the request for proposals (RFP) requirements;

(7) the maximum time allowed for design and construction;

(8) the county board's estimated cost range of design and construction;

(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

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

new text begin (11) new text end a statement that "past performance" or "experience" does not include the
exercise or assertion of a person's legal rights.

Sec. 5.

Minnesota Statutes 2006, section 383B.1581, subdivision 3, is amended to read:

Subd. 3.

Evaluation.

(a) The county shall solicit and evaluate proposals and select
a design-builder in two phases.

(b) In phase one, the county board, after considering the recommendations from
the deleted text begin designer deleted text end new text begin design-build new text end selection deleted text begin committee deleted text end new text begin panel new text end , shall adopt a short list of at least
deleted text begin two deleted text end new text begin three new text end 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 designer
selection committee or the 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.

(c) In phase two, the deleted text begin designer deleted text end new text begin design-build new text end selection deleted text begin committee deleted text end new text begin panel new text end and the county
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 deleted text begin designer deleted text end new text begin design-build new text end selection deleted text begin committee deleted text end new text begin panel new text end and, if necessary, the county board
may require clarification from the design-builders to ensure conformance of proposals to
the RFP.

Sec. 6.

Minnesota Statutes 2006, section 383B.1584, is amended to read:

383B.1584 DESIGN-BUILD AWARD.

The county board, after considering the recommendations of the deleted text begin designer deleted text end new text begin
design-build new text end selection deleted text begin committee deleted text end new text begin panel new text end , 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 section. If the county board rejects all proposals, it
may then solicit new proposals after making appropriate modifications to performance
criteria, budget constraints, or qualifications.

Sec. 7. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2006, section 383B.1586, new text end new text begin is repealed.
new text end