1.1                          A bill for an act 
  1.2             relating to higher education; excepting the Minnesota 
  1.3             state colleges and universities from the selection 
  1.4             process administered by the designer selection board; 
  1.5             authorizing the board of trustees of the Minnesota 
  1.6             state colleges and universities to use the 
  1.7             design-build method of construction; amending 
  1.8             Minnesota Statutes 1998, sections 16B.33, subdivisions 
  1.9             3 and 3a; and 136F.64, by adding a subdivision. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  Minnesota Statutes 1998, section 16B.33, 
  1.12  subdivision 3, is amended to read: 
  1.13     Subd. 3.  [AGENCIES MUST REQUEST DESIGNER.] (a) 
  1.14  [APPLICATION.] Upon undertaking a project with an estimated cost 
  1.15  greater than $750,000 or a planning project with estimated fees 
  1.16  greater than $60,000, every user agency, except the capitol area 
  1.17  architectural and planning board and the Minnesota state 
  1.18  colleges and universities, shall submit a written request for a 
  1.19  primary designer for its project to the commissioner, who shall 
  1.20  forward the request to the board.  The Minnesota state colleges 
  1.21  and universities may submit a written request for a primary 
  1.22  designer under this section.  The University of Minnesota ~~and~~ 
  1.23  ~~the Minnesota state colleges and universities~~ shall follow the 
  1.24  process in subdivision 3a to select designers for their 
  1.25  projects.  The written request must include a description of the 
  1.26  project, the estimated cost of completing the project, a 
  1.27  description of any special requirements or unique features of 
  2.1   the proposed project, and other information which will assist 
  2.2   the board in carrying out its duties and responsibilities set 
  2.3   forth in this section.  
  2.4      (b)  [REACTIVATED PROJECT.] If a project for which a 
  2.5   designer has been selected by the board becomes inactive, 
  2.6   lapses, or changes as a result of project phasing, insufficient 
  2.7   appropriations, or other reasons, the commissioner, ~~the~~ 
  2.8   ~~Minnesota state colleges and universities,~~ or the University of 
  2.9   Minnesota may, if the project is reactivated, retain the same 
  2.10  designer to complete the project.  
  2.11     (c)  [FEE LIMIT REACHED AFTER DESIGNER SELECTED.] If a 
  2.12  project initially estimated to be below the cost and planning 
  2.13  fee limits of this subdivision has its cost or planning fees 
  2.14  revised so that the limits are exceeded, the project must be 
  2.15  referred to the board for designer selection even if a primary 
  2.16  designer has already been selected.  In this event, the board 
  2.17  may, without conducting interviews, elect to retain the 
  2.18  previously selected designer if it determines that the interests 
  2.19  of the state are best served by that decision and shall notify 
  2.20  the commissioner of its determination.  
  2.21     Sec. 2.  Minnesota Statutes 1998, section 16B.33, 
  2.22  subdivision 3a, is amended to read: 
  2.23     Subd. 3a.  [HIGHER EDUCATION PROJECTS.] (a) When the 
  2.24  University of Minnesota ~~or the Minnesota state colleges and~~ 
  2.25  ~~universities~~ undertakes a project involving construction or 
  2.26  major remodeling, as defined in section 16B.335, subdivision 1, 
  2.27  with an estimated cost greater than $2,000,000 or a planning 
  2.28  project with estimated fees greater than $200,000, the system 
  2.29  shall submit a written request for a primary designer to the 
  2.30  commissioner, as provided in subdivision 3. 
  2.31     (b) When the University of Minnesota ~~or the Minnesota state~~ 
  2.32  ~~colleges and universities~~ undertakes a project involving 
  2.33  renovation, repair, replacement, or rehabilitation, the system 
  2.34  office may submit a written request for a primary designer to 
  2.35  the commissioner as provided in subdivision 3. 
  2.36     Sec. 3.  Minnesota Statutes 1998, section 136F.64, is 
  3.1   amended by adding a subdivision to read: 
  3.2      Subd. 4.  [DESIGN-BUILD.] The board may use a design-build 
  3.3   method of project development and construction for new 
  3.4   facilities or major additions and renovations if the board 
  3.5   determines that design-build is in the best interest of the 
  3.6   public to complete the project.  Notwithstanding any law to the 
  3.7   contrary, the board may award a design-build contract on the 
  3.8   basis of requests for proposals or requests for qualifications 
  3.9   without bids.  "Design-build method of project development and 
  3.10  construction" means a project delivery system in which a single 
  3.11  contractor is responsible for both the design and the 
  3.12  construction of the project and bids the design and construction 
  3.13  together.