Subdivision 1. Scope. The terms used in sections 161.3207 to 161.3209 have the meanings given them in this section.
Subd. 2. Acceptance. "Acceptance" means an action of the commissioner authorizing the execution of a construction manager/general contractor contract.
Subd. 3. Commissioner. "Commissioner" means the commissioner of transportation.
Subd. 4. Construction manager/general contractor. "Construction manager/general contractor" means a proprietorship, partnership, limited liability partnership, joint venture, corporation, any type of limited liability company, professional corporation, or any legal entity selected by the commissioner to act as a construction manager to manage the construction process, which includes, but is not limited to, responsibility for the price, schedule, and execution of preconstruction services or the workmanship of construction performed according to section 161.3209, or both.
Subd. 5. Construction manager/general contractor contract. "Construction manager/general contractor contract" means a contract for construction of a project between a construction manager/general contractor and the commissioner, which must include terms providing for a price, construction schedule, and workmanship of the construction performed. The construction manager/general contractor contract may include provisions for incremental price contracts for specific work packages, additional work performed, contingencies, or other contract provisions that will allow the commissioner to negotiate time and cost changes to the contract.
Subd. 6. Past performance; experience. "Past performance" or "experience" does not include the exercise or assertion of a person's legal rights.
Subd. 7. Preconstruction services. "Preconstruction services" means all non-construction-related services that a construction manager/general contractor is allowed to perform before execution of a construction manager/general contractor contract or work package.
Subd. 8. Preconstruction services contract. "Preconstruction services contract" means a contract under which a construction manager/general contractor is paid on the basis of the actual cost to perform the work specified in the contract plus an amount for overhead and profit for all preconstruction services.
Subd. 9. Project. "Project" means any project selected by the commissioner as a construction manager/general contractor project under section 161.3208.
Subd. 10. Request for proposals; RFP. "Request for proposals" or "RFP" means the document or publication soliciting proposals for a construction manager/general contractor contract.
Subd. 11. Request for qualifications; RFQ. "Request for qualifications" or "RFQ" means a document or publication used to prequalify and short-list potential construction managers/general contractors.
Subd. 12. Work package. "Work package" means the scope of work for a defined portion of a project. A defined portion includes construction services on any project aspect, including procuring materials or services.
History: 2012 c 287 art 3 s 2; 2012 c 287 art 3 s 2; 1Sp2021 c 5 art 4 s 120
NOTE: This section, as added by Laws 2012, chapter 287, article 3, section 2, expires one year following the acceptance of 20 construction manager/general contractor contracts. Laws 2012, chapter 287, article 3, section 2, the effective date, as amended by Laws 2021, First Special Session chapter 5, article 4, section 120.
Structure Minnesota Statutes
Chapters 160 - 174A — Transportation
Section 161.04 — Trunk Highway Fund.
Section 161.081 — Highway User Tax, Distribution, Investment.
Section 161.082 — County Turnback Account, Expenditures.
Section 161.083 — Municipal Turnback Account, Expenditure.
Section 161.084 — Surplus Funds In Turnback Accounts.
Section 161.085 — Appropriation From Turnback Accounts.
Section 161.088 — Corridors Of Commerce Program.
Section 161.089 — Report On Dedicated Fund Expenditures.
Section 161.09 — Department Orders, Files, And Records.
Section 161.095 — Travel Expense For Job Applicants.
Section 161.10 — Investigations, Recommendations, Reports.
Section 161.11 — Compensation Insurance.
Section 161.114 — Constitutional Trunk Highways.
Section 161.115 — Additional Trunk Highways.
Section 161.117 — Trunk Highways; Additional Routes.
Section 161.12 — Additional Routes Added; Federal Aid.
Section 161.122 — Restrictions On Marked Trunk Highway 51.
Section 161.1231 — Parking Facilities For I-394.
Section 161.1245 — Highway Construction; Authorizations And Restrictions.
Section 161.125 — Sound Abatement Along Highways.
Section 161.139 — Highway Designation Costs.
Section 161.14 — Names And Designations Of Certain Highways.
Section 161.141 — Northwest Angle, Connecting Highway; Federal Approval.
Section 161.1419 — Mississippi River Parkway Commission.
Section 161.142 — Great River Road.
Section 161.148 — Great River Road, Location Of Route.
Section 161.15 — Specific Location; Limitation On Deviations.
Section 161.16 — Highway Designation, Vacation, Reversion, Survey.
Section 161.162 — Definitions.
Section 161.163 — Highway Project Review.
Section 161.164 — Final Layout Approval Process.
Section 161.165 — Commissioner Action; Interstate Highways.
Section 161.166 — Commissioner Action; Other Highways.
Section 161.167 — Reimbursement Of Expenses.
Section 161.18 — Prior Easements Vest In State.
Section 161.19 — Certain Records Obtained And Filed.
Section 161.20 — General Powers Of Commissioner.
Section 161.202 — Replacement Of Public Lands.
Section 161.23 — Excess Acquisition.
Section 161.231 — Appropriation; Proceeds From State Property.
Section 161.24 — Changes Required By Construction Of Trunk Highway.
Section 161.241 — Relocation Of Railroad Tracks, Acquisition Of Land.
Section 161.242 — Junk Yard Act.
Section 161.25 — Temporary Trunk Highway Detour; Haul Road.
Section 161.26 — Highway Maintained Across Portion Of Adjoining State.
Section 161.261 — Connector Segments With Other States.
Section 161.27 — Trunk Highways Across Bodies Of Water.
Section 161.28 — Altering Public Drainage Ditch By Trunk Highway.
Section 161.29 — Acquiring Toll Bridge For Trunk Highway System.
Section 161.30 — Marking Design.
Section 161.31 — Maps And Pamphlets.
Section 161.315 — Protection Of Public Contracts.
Section 161.32 — Contracting For Work On Trunk Highway.
Section 161.3203 — Contracts For Work For Trunk Highway.
Section 161.3206 — Best-value Contracting Authority.
Section 161.3207 — Construction Manager/general Contractor Contracts; Definitions.
Section 161.3208 — Construction Manager/general Contractor; Authority.
Section 161.3209 — Construction Manager/general Contractor; Procedures.
Section 161.321 — Small Business Contracts.
Section 161.3212 — Working Capital Fund.
Section 161.322 — Payment Of Interest To Contractors.
Section 161.33 — Employee Interest In Contract, Unlawful.
Section 161.34 — Contract Claims Against State.
Section 161.3410 — Design-build Contracts; Definitions.
Section 161.3412 — Design-build Authority.
Section 161.3414 — Determination To Use Design-build Selection Method.
Section 161.3416 — Design-build Notice; Report.
Section 161.3418 — Licensing Requirements.
Section 161.3420 — Design-build Rfq; Selection Team; Evaluation.
Section 161.3422 — Rfp For Design-build.
Section 161.3424 — Replacing Team Members.
Section 161.3426 — Design-build Award.
Section 161.361 — Advance Funding For Trunk Highway Projects.
Section 161.365 — Highway Contract Specifications; Minimum Wage.
Section 161.366 — Construction Contract; Taconite Relief Area.
Section 161.368 — Highway Contracts With Tribal Authorities.
Section 161.37 — Surplus Government Materials.
Section 161.38 — Special Agreements For Highways In Municipalities.
Section 161.39 — Aid To Other Road Authorities And State Departments.
Section 161.391 — Pavement Striping.
Section 161.40 — Joint Facilities With Division Of Emergency Management.
Section 161.41 — Surplus Property Not Needed For Highway Purposes.
Section 161.411 — Sale Of Surplus Earth Material.
Section 161.42 — Leasing Or Sale Of Sounding And Testing Equipment.
Section 161.43 — Relinquishment Of Highway Easement.
Section 161.431 — Leasing Of Highway Easement.
Section 161.433 — Use Of Highway Airspace And Subsurface.
Section 161.434 — Interstate And Trunk Highway Rights-of-way; Limited Use.
Section 161.44 — Relinquishment Of Land No Longer Needed.
Section 161.441 — Land Acquisition Agreement With Others.
Section 161.442 — Reconveyance To Former Owner.
Section 161.45 — Utility On Highway Right-of-way; Relocation.
Section 161.46 — Reimbursement Of Utility.
Section 161.462 — Fiber Collaboration Database.
Section 161.465 — Reimbursement For Fire Services.