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SF 2131

as introduced - 87th Legislature (2011 - 2012) Posted on 03/07/2012 02:56pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
 relating to transportation; contracts; authorizing completion of design-build
projects approved under pilot program; amending Laws 2009, chapter 36, article
3, sections 28, subdivision 2, by adding a subdivision; 29, subdivisions 2, 4, 7;
repealing Laws 2009, chapter 36, article 3, section 28, subdivisions 1, 3, 4.

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

Section 1.

Laws 2009, chapter 36, article 3, section 28, is amended by adding a
subdivision to read:


new text begin Subd. 1a. new text end

new text begin Selection authority. new text end

new text begin The commissioner of transportation or the
commissioner's designee from the Department of Transportation State Aid for Local
Transportation Division shall select, evaluate, and support county and municipal
transportation projects on the state-aid system that are conducive to use of the design-build
method of contracting.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and expires upon completion of nine design-build projects.
 new text end

Sec. 2.

Laws 2009, chapter 36, article 3, section 28, subdivision 2, is amended to read:


Subd. 2.

Duties of deleted text begin councildeleted text end new text begin commissionernew text end .

In order to accomplish these purposes,
the deleted text begin councildeleted text end new text begin commissionernew text end shall:

(1) review applications for participation received by the commissioner from counties
and cities;

(2) selectnew text begin projectsnew text end for participation in deleted text begin the pilot program a maximum of 15 projects
on the state-aid system, no more than ten of which may be on the county state-aid highway
system, and no more than ten of which may be on the municipal state-aid street systemdeleted text end new text begin
each calendar yearnew text end ;

(3) determine that the use of design-build in the selected projects would serve the
public interest, after considering, at a minimum:

(i) the extent to which the municipality can adequately define the project
requirements in a proposed scope of the design and construction desired;

(ii) the time constraints for delivery of the project;

(iii) the capability of potential contractors with the design-build method of project
delivery;

(iv) the suitability of the project for use of the design-build method of project
delivery with respect to time, schedule, costs, and quality factors;

(v) the capability of the municipality to manage the project, including the
employment of experienced personnel or outside consultants; and

(vi) the original character of the product or the services;new text begin and
new text end

(4) periodically review and evaluate the use of design-build in the selected projectsdeleted text begin ;
anddeleted text end new text begin .new text end

deleted text begin (5) assist the commissioner in preparing a report to the legislature at the conclusion
of the pilot program.
 deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and expires upon completion of nine design-build projects.
 new text end

Sec. 3.

Laws 2009, chapter 36, article 3, section 29, subdivision 2, is amended to read:


Subd. 2.

Establishment of deleted text begin pilotdeleted text end new text begin thenew text end program.

(a) The commissioner of
transportation shall conduct a design-build contracting deleted text begin pilotdeleted text end program to select local
transportation projects for participation in the program, to conduct information sessions
for engineers and contractors, to support and evaluate the use of the design-build method
of contracting by counties and statutory and home rule charter cities in constructing,
improving, and maintaining streets and highways on the state-aid systemdeleted text begin , and to report to
the legislaturedeleted text end .

(b)new text begin The commissioner must concur in the RFQ and RFP prior to solicitation.
new text end

new text begin (c) new text end The selection of design-build projects under the deleted text begin pilotdeleted text end program must be as made
by the deleted text begin Design-Build Project Selection Council establisheddeleted text end new text begin commissioner as providednew text end
in section 28.

new text begin EFFECTIVE DATE. new text end

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

Sec. 4.

Laws 2009, chapter 36, article 3, section 29, subdivision 4, is amended to read:


Subd. 4.

Information session for municipal engineer.

After a project is selected
for participation in the design-build contracting deleted text begin pilotdeleted text end program, the commissioner or the
commissioner's designee with design-build experience shall conduct an information
session for the municipality's engineer for each selected project, in which issues unique
to design-build must be discussed, including, but not limited to, writing an RFP, project
oversight requirements, assessing risk, and communication with the design-build firm.
After participation in the information session, the municipality's engineer is qualified to
post the selected project, along with any future design-build project RFP in the deleted text begin pilotdeleted text end
program.

new text begin EFFECTIVE DATE. new text end

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

Sec. 5.

Laws 2009, chapter 36, article 3, section 29, subdivision 7, is amended to read:


Subd. 7.

Information session for prospective design-build firms.

After a
design-build project is advertised, any prospective design-build firm shall attend a
design-build information session conducted by the commissioner or the commissioner's
designee with design-build experience. The information must include information about
design-build contracts, including, but not limited to, communication with partner firms,
project oversight requirements, assessing risk, and communication with the municipality's
engineer. After participation in the information session, the design-build firm is eligible to
bid on the design-build project and any future design-build deleted text begin pilotdeleted text end program projects.

new text begin EFFECTIVE DATE. new text end

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

Sec. 6. new text begin REPEALER.
new text end

new text begin Laws 2009, chapter 36, article 3, section 28, subdivisions 1, 3, and 4, new text end new text begin are repealed.
 new text end