language to be deleted (2) new language
relating to Hennepin County; updating and making technical corrections to county contract provisions;
amending Minnesota Statutes 2012, sections 383B.158, subdivisions 1, 2, 5; 383B.1581, subdivisions 2, 3; 383B.1582; 383B.1584; repealing Minnesota Statutes 2012, section 383B.1585.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
(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) "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.
Notwithstanding section 471.345 or any other law to the contrary, the county board may solicit and award a design-build contract for a project on the basis of a best value selection process as provided in this section.
(a) A design-builder must be licensed and registered to provide the services required to complete the project and do business in this state.
(b) A design-builder may enter into a contract with the county 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.
(c) This section does not intend to limit or eliminate the responsibility or liability owed by a professional on a design-build project to the county or other parties under other law.
The county, after considering recommendations from the design-build selection panel, 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 three 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) the requirement that the primary designer be designated in the response to the RFQ; and
(11) a statement that "past performance" or "experience" does not include the exercise or assertion of a person's legal rights.
(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 design-build selection panel, 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 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 design-build selection panel 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 design-build selection panel and, if necessary, the county board may require clarification from the design-builders to ensure conformance of proposals to the RFP.
During phase two, the county shall issue an RFP to the design-builders on the short list. The request must include:
(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;
(2) a description of the qualifications required of the design-builder;
(3) a description of the selection criteria, including the weighting of each criterion;
(4) copies of the contract documents that the successful proposer will be expected to sign;
(5) the maximum time allowable for design and construction;
(6) the county's estimated range of cost for design and construction;
(7) the requirement that a submitted proposal be segmented into two parts, a technical proposal and a price proposal;
(8) the requirement that each proposal be in a separately sealed, clearly identified package and include the date and time of the submittal deadline;
(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;
(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;
(11) the date, time, and location of the public opening of the sealed price proposals;
(12) a statement that "past performance" or "experience" does not include the exercise or assertion of a person's legal rights; and
(13) other information relevant to the project.
The county board, after considering the recommendations of the design-build selection panel, 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.
Presented to the governor May 21, 2013
Signed by the governor May 24, 2013, 2:16 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes