SF 1740

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to state agencies; providing that for certain 
  1.3             contracts the design-build method of construction may 
  1.4             be used; amending Minnesota Statutes 1998, sections 
  1.5             16B.31, subdivision 1; and 16B.33, subdivisions 1 and 
  1.6             2. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1998, section 16B.31, 
  1.9   subdivision 1, is amended to read: 
  1.10     Subdivision 1.  [CONSTRUCTION PLANS AND SPECIFICATIONS.] 
  1.11  (a) The commissioner shall (1) have plans and specifications 
  1.12  prepared for the construction, alteration, or enlargement of all 
  1.13  state buildings, structures, and other improvements except 
  1.14  highways and bridges, and except for buildings and structures 
  1.15  under the control of the board of trustees of the Minnesota 
  1.16  state colleges and universities; (2) approve those plans and 
  1.17  specifications; (3) advertise for bids and award all contracts 
  1.18  in connection with the improvements; (4) supervise and inspect 
  1.19  all work relating to the improvements; (5) approve all lawful 
  1.20  changes in plans and specifications after the contract for an 
  1.21  improvement is let; and (6) approve estimates for payment.  This 
  1.22  subdivision does not apply to the construction of the zoological 
  1.23  gardens.  
  1.24     (b) The commissioner may use a design-build method of 
  1.25  project development and construction for new facilities or major 
  1.26  additions and renovations estimated to be in excess of 
  2.1   $5,000,000.  The commissioner may award a design-build contract 
  2.2   on the basis of requests for proposals or requests for 
  2.3   qualifications without bids.  "Design-build method of project 
  2.4   development and construction" means a project delivery system in 
  2.5   which a single contractor is responsible for both the design and 
  2.6   the construction of the project and bids the design and 
  2.7   construction together.  
  2.8      Sec. 2.  Minnesota Statutes 1998, section 16B.33, 
  2.9   subdivision 1, is amended to read: 
  2.10     Subdivision 1.  [DEFINITIONS.] As used in this section, the 
  2.11  following terms have the meanings given them:  
  2.12     (a) "Agency" has the meaning given in section 16B.01.  
  2.13     (b) "Architect" means an architect or landscape architect 
  2.14  registered to practice under sections 326.02 to 326.15.  
  2.15     (c) "Board" means the state designer selection board.  
  2.16     (d) "Designer" means an architect or engineer, or a 
  2.17  partnership, association, or corporation comprised primarily of 
  2.18  architects or engineers or of both architects and engineers, or 
  2.19  for projects under section 16B.31, subdivision 1, paragraph (b), 
  2.20  the design-build team or contractor.  
  2.21     (e) "Engineer" means an engineer registered to practice 
  2.22  under sections 326.02 to 326.15.  
  2.23     (f) "Person" includes an individual, corporation, 
  2.24  partnership, association, or any other legal entity.  
  2.25     (g) "Primary designer" means the designer who is to have 
  2.26  primary design responsibility for a project, and does not 
  2.27  include designers who are merely consulted by the user agency 
  2.28  and do not have substantial design responsibility, or designers 
  2.29  who will or may be employed or consulted by the primary designer.
  2.30     (h) "Project" means an undertaking to construct, erect, or 
  2.31  remodel a building by or for the state or an agency.  
  2.32     (i) "User agency" means the agency or agencies undertaking 
  2.33  a specific project.  
  2.34     Sec. 3.  Minnesota Statutes 1998, section 16B.33, 
  2.35  subdivision 2, is amended to read: 
  2.36     Subd. 2.  [ORGANIZATION OF BOARD.] (a) [MEMBERSHIP.] The 
  3.1   state designer selection board consists of five individuals, the 
  3.2   majority of whom must be Minnesota residents.  Each of the 
  3.3   following three organizations shall nominate one individual 
  3.4   whose name and qualifications shall be submitted to the 
  3.5   commissioner of administration for consideration:  the 
  3.6   consulting engineers council of Minnesota after consultation 
  3.7   with other professional engineering societies in the state; the 
  3.8   Minnesota society of architects; and the Minnesota board of the 
  3.9   arts.  The commissioner may appoint the three named individuals 
  3.10  to the board but may reject a nominated individual and request 
  3.11  another nomination.  The remaining two members shall also be 
  3.12  appointed by the commissioner.  
  3.13     (b) [NONVOTING MEMBERS; EXCEPTION.] In addition to the five 
  3.14  members of the board, two nonvoting members shall participate in 
  3.15  the interviewing and selection of designers pursuant to this 
  3.16  section, except that for projects described in section 16B.31, 
  3.17  subdivision 1, paragraph (b), the two members shall each have 
  3.18  one vote.  One shall be a representative of the commissioner and 
  3.19  shall participate in the interviewing and selection of designers 
  3.20  for all projects.  The other shall be a representative of the 
  3.21  user agency, who shall participate in the interviewing and 
  3.22  selection of the designers for the project being undertaken by 
  3.23  the user agency.  The commissioner shall appoint the 
  3.24  representative of the user agency in consultation with the user 
  3.25  agency.  
  3.26     (c) [TERMS; COMPENSATION; REMOVAL; VACANCIES.] The 
  3.27  membership terms, compensation, removal of members, and filling 
  3.28  of vacancies on the board are as provided in section 15.0575.  
  3.29  No individual may serve for more than two consecutive terms.  
  3.30     (d) [OFFICERS, RULES.] At its first meeting, the board 
  3.31  shall elect a voting member of the board as chair.  The board 
  3.32  shall also elect other officers necessary for the conduct of its 
  3.33  affairs.  The board shall adopt rules governing its operations 
  3.34  and the conduct of its meetings.  The rules shall provide for 
  3.35  the terms of the chair and other officers.  
  3.36     (e) [MEETINGS.] The board shall meet as often as is 
  4.1   necessary, not less than twice annually, in order to act 
  4.2   expeditiously on requests submitted to it for selection of 
  4.3   primary designers.  
  4.4      (f) [OFFICE, STAFF, RECORDS.] The department of 
  4.5   administration shall provide the board with suitable quarters to 
  4.6   maintain an office, hold meetings, and keep records.  The 
  4.7   commissioner shall designate an employee of the department of 
  4.8   administration to serve as executive secretary to the board and 
  4.9   shall furnish a secretarial staff to the board as necessary for 
  4.10  the expeditious conduct of the board's duties and 
  4.11  responsibilities.