reglab/housing_qa huggingface dataset:
MN Stat § 161.34 (2021)
2021 Minnesota Statutes|Chapters 160 - 174A — Transportation|Chapter 161 — Trunk Highways|Section 161.34 — Contract Claims Against State.

161.34 CONTRACT CLAIMS AGAINST STATE. Subdivision 1. Waiver of immunity. When a controversy arises out of any contract for the construction or repair of state trunk highways entered into by the commissioner or by the commissioner's authority, in respect to which controversy a party to the contract would be entitled to redress against the state, either in a court of law or equity if the state were suable, and when no claim against the state for the same redress has heretofore been made, the state hereby waives immunity from suit in connection with such controversy and confers jurisdiction on the district courts of the state to hear and try the controversy in the manner provided for the trial of causes in the district courts. Only a party to the contract shall have the right to bring action against the state. Subd. 2. When action may be commenced. No such action shall be maintained unless commenced within 90 days after the plaintiff has been furnished by the state with a final estimate under the plaintiff's contract, or, at the election of the plaintiff, within six months after the work provided for under that contract shall have been in all things completed. Subd. 3. Where action may be brought. The action shall be brought at the election of the plaintiff in the District Court of Ramsey County, or in the district court of the county where a major portion of the contract is performed, or in the district court of the county in which the plaintiff resides, or, if there be several plaintiffs residing in different counties, then in the district court of the county of the residence of any one of them. The action shall be commenced by filing a complaint with the court administrator and serving summons and copy of the complaint upon the attorney general of the state at the State Capitol. The state shall have 40 days from the date of such service within which to serve an answer upon the plaintiff, and thereafter the case shall proceed in the same manner as other actions at law in the court. Subd. 4. Appeal. An appeal from any final order of judgment in the action shall lie as in other civil cases. History:  1959 c 500 art 2 s 34; 1983 c 247 s 66; 1986 c 444; 1Sp1986 c 3 art 1 s 82
MN Stat § 161.3410 (2021)
2021 Minnesota Statutes|Chapters 160 - 174A — Transportation|Chapter 161 — Trunk Highways|Section 161.3410 — Design-build Contracts; Definitions.

161.3410 DESIGN-BUILD CONTRACTS; DEFINITIONS. Subdivision 1. Scope. The terms used in sections 161.3410 to 161.3426 have the meanings given in this section. Subd. 2. Commissioner. "Commissioner" means the commissioner of transportation. Subd. 3. Design-build contract. "Design-build contract" means a single contract between the Department of Transportation and a design-build company or firm to furnish the architectural or engineering and related design services as well as the labor, material, supplies, equipment, and construction services for the transportation project. Subd. 4. Design-build firm. "Design-build firm" means a proprietorship, partnership, limited liability partnership, joint venture, corporation, any type of limited liability company, professional corporation, or any legal entity. Subd. 5. Design professional. "Design professional" means a person who holds a license under chapter 326 that is required to be registered under Minnesota law. Subd. 6. Design-build transportation project. "Design-build transportation project" means the procurement of both the design and construction of a transportation project in a single contract with a company or companies capable of providing the necessary engineering services and construction. Subd. 7. Design-builder. "Design-builder" means the design-build firm that proposes to design and build a transportation project governed by the procedures of this section. Subd. 8. Request for proposals or RFP. "Request for proposals" or "RFP" means the document by which the commissioner solicits proposals from prequalified design-build firms to design and construct the transportation project. Subd. 9. Request for qualifications or RFQ. "Request for qualifications" or "RFQ" means a document to prequalify and short-list potential design-build firms. History:  1Sp2001 c 8 art 3 s 1; 2014 c 227 art 2 s 3
MN Stat § 161.3412 (2021)
2021 Minnesota Statutes|Chapters 160 - 174A — Transportation|Chapter 161 — Trunk Highways|Section 161.3412 — Design-build Authority.

161.3412 DESIGN-BUILD AUTHORITY. Subdivision 1. Best-value selection for design-build contracts. Notwithstanding sections 16C.25, 161.32, and 161.321, or any other law to the contrary, the commissioner may solicit and award a design-build contract for a project on the basis of a best-value selection process. Section 16C.08 does not apply to design-build contracts to which the commissioner is a party. Subd. 2. Competitive, open process. Sections 161.3410 to 161.3426 apply only to transportation projects using the two-step competitive process utilizing public solicitation for design-build services. Subd. 3. Restriction; reports. (a) The number of design-build contracts awarded by the commissioner in any fiscal year may not exceed ten percent of the total number of transportation construction contracts awarded by the commissioner in the previous fiscal year. (b) The commissioner shall notify the chairs of the senate and house of representatives committees with jurisdiction over transportation policy and transportation finance each time the commissioner decides to use the design-build method of procurement and explain why that method was chosen. Subd. 4. Municipal consent. Use of the design-build method of state transportation project delivery is subject to state law concerning municipal consent to highways in municipalities. History:  1Sp2001 c 8 art 3 s 2; 2007 c 148 art 3 s 18; 2014 c 227 art 2 s 4
MN Stat § 161.3414 (2021)
2021 Minnesota Statutes|Chapters 160 - 174A — Transportation|Chapter 161 — Trunk Highways|Section 161.3414 — Determination To Use Design-build Selection Method.

161.3414 DETERMINATION TO USE DESIGN-BUILD SELECTION METHOD. Subdivision 1. General criteria. A design-build contracting procedure authorized under sections 161.3410 to 161.3426 may be used for a specific project only after the commissioner determines that awarding a design-build contract will serve the public interest. Subd. 2. Specific criteria. The commissioner shall use the following criteria as the minimum basis for determining when to use the design-build method of project delivery: (1) the extent to which it can adequately define the project requirements in a proposed scope of the design and construction desired; (2) the time constraints for delivery of the project; (3) the capability and experience of potential contractors with the design-build method of project delivery or similar experience; (4) the suitability of the project for use of the design-build method of project delivery with respect to time, schedule, costs, and quality factors; (5) the capability of the Department of Transportation to manage the project, including the employment of experienced personnel or outside consultants; (6) the capability of the Department of Transportation to oversee the project with individuals or design-build firms who are familiar and experienced with the design-build method of project delivery or similar experience; (7) the lack of ability and availability of any current state employee to perform the services called for by the contract; (8) the original character of the product or the services; (9) the work to be performed on the project is necessary to the agency's achievement of its statutory responsibilities and there is statutory authority to enter into the contract; and (10) other criteria the commissioner deems relevant and states in writing in its determination to utilize the design-build method of project delivery. History:  1Sp2001 c 8 art 3 s 3; 2014 c 227 art 2 s 5
MN Stat § 161.3416 (2021)
2021 Minnesota Statutes|Chapters 160 - 174A — Transportation|Chapter 161 — Trunk Highways|Section 161.3416 — Design-build Notice; Report.

161.3416 DESIGN-BUILD NOTICE; REPORT. Subdivision 1. Summary report of reasons for determination. The commissioner shall summarize in a written statement its reasons for using the design-build construction contracting procedure. This statement, along with other relevant information describing the project, must be made available upon request to interested parties. Subd. 2. Final determination authority. Final determination to use a design-build construction contracting procedure may be made only by the commissioner. History:   1Sp2001 c 8 art 3 s 4
MN Stat § 161.3418 (2021)
2021 Minnesota Statutes|Chapters 160 - 174A — Transportation|Chapter 161 — Trunk Highways|Section 161.3418 — Licensing Requirements.

161.3418 LICENSING REQUIREMENTS. Subdivision 1. Licensed professional required. Each design-builder shall employ, or have as a partner, member, officer, coventurer, or subcontractor, a person duly licensed and registered to provide the design services required to complete the project and do business in the state. Subd. 2. Contracting for licensed professional. A design-builder may enter into a contract to provide professional or construction services for a project that the design-builder is not licensed, registered, or qualified to perform, so long as the design-builder provides those services through subcontractors with duly licensed, registered, or otherwise qualified individuals in accordance with sections 161.3410 to 161.3426. Subd. 3. Liability. (a) Nothing in this section authorizing design-build contracts is intended to limit or eliminate the responsibility or liability owed by a professional on a design-build project to the state, county, or city, or other third parties under existing law. (b) The design service portion of a design-build contract must be considered a service and not a product. History:  1Sp2001 c 8 art 3 s 5; 2014 c 227 art 2 s 6
MN Stat § 161.3422 (2021)
2021 Minnesota Statutes|Chapters 160 - 174A — Transportation|Chapter 161 — Trunk Highways|Section 161.3422 — Rfp For Design-build.

161.3422 RFP FOR DESIGN-BUILD. During phase two, the commissioner shall issue a request for proposals (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) specifications, and (iv) functional and operational elements for the delivery of the completed project, which must be prepared by a registered or licensed professional engineer; (2) a description of the qualifications required of the design-builder and the selection criteria, including the weight or relative order, or both, of each criterion; (3) copies of the contract documents that the successful proposer will be expected to sign; (4) the maximum time allowable for design and construction; (5) the road authority's estimated cost of design and construction; (6) the requirement that a submitted proposal be segmented into two parts, a technical proposal and a price proposal; (7) the requirement that each proposal be in a separately sealed, clearly identified package and include the date and time of the submittal deadline; (8) 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; (9) the requirement that the price proposal contain all design, construction, engineering, inspection, and construction costs of the proposed project; (10) the date, time, and location of the public opening of the sealed price proposals; and (11) other information relevant to the project. History:   1Sp2001 c 8 art 3 s 7
MN Stat § 161.3424 (2021)
2021 Minnesota Statutes|Chapters 160 - 174A — Transportation|Chapter 161 — Trunk Highways|Section 161.3424 — Replacing Team Members.

161.3424 REPLACING TEAM MEMBERS. An individual or a design-build firm identified in a response to a request for qualifications (RFQ) or a request for proposals (RFP) may not be replaced without the written approval of the commissioner. The commissioner may revoke an awarded contract if an individual or a design-build firm identified in a response to an RFQ or RFP is replaced without the commissioner's written approval. To qualify for the commissioner's approval, the written request must document that the proposed replacement individual or design-build firm will be equal to or better than that described in the response to the RFQ or RFP. The commissioner shall use the criteria specified in the RFQ or RFP to evaluate the request. History:   1Sp2001 c 8 art 3 s 8
MN Stat § 161.361 (2021)
2021 Minnesota Statutes|Chapters 160 - 174A — Transportation|Chapter 161 — Trunk Highways|Section 161.361 — Advance Funding For Trunk Highway Projects.

161.361 ADVANCE FUNDING FOR TRUNK HIGHWAY PROJECTS. Subdivision 1. Advance funding. A road authority other than the commissioner may by agreement with the commissioner make advances from any available funds to the commissioner to expedite construction of all or part of a trunk highway. Money may be advanced under this section only for projects already included in the commissioner's ten-year highway work program. The total amount of annual repayment to road authorities under this subdivision must never exceed $10,000,000. Subd. 1a. Interregional corridors. By agreement with the commissioner, a road authority other than the commissioner or two or more road authorities that have entered into a joint powers agreement under section 471.59 may make advances from any available funds to the commissioner to expedite development of an interregional transportation corridor, including funds for design consultants, for right-of-way purchases, for construction, or for other related expenditures. The total amount of annual repayment to road authorities under this subdivision must never exceed $10,000,000. Subd. 1b. Bottlenecks. By agreement with the commissioner, a road authority other than the commissioner or two or more road authorities that have entered into a joint powers agreement under section 471.59 may make advances from any available funds to the commissioner to expedite bottleneck reduction, including funds for design consultants, for right-of-way purchases, for construction, or for other related expenditures. The total amount of annual repayment to road authorities under this subdivision must never exceed $10,000,000. Subd. 2. Repayment. Subject to the availability of state money, the commissioner shall repay the amounts advanced under this section, up to the state's share of project costs, under terms of the agreement. The agreement may provide for payment of interest for funds advanced under subdivisions 1a and 1b at a rate of interest agreed upon by the parties. History:  1991 c 298 art 4 s 4; 2002 c 364 s 6; 2003 c 112 art 2 s 50; 1Sp2005 c 6 art 3 s 7
MN Stat § 161.365 (2021)
2021 Minnesota Statutes|Chapters 160 - 174A — Transportation|Chapter 161 — Trunk Highways|Section 161.365 — Highway Contract Specifications; Minimum Wage.

161.365 HIGHWAY CONTRACT SPECIFICATIONS; MINIMUM WAGE. All contracts for the construction, improvement or repair of a road or highway financed in whole or in part with federal funds and with respect to which the commissioner of transportation acts as the agent for a political subdivision of the state and is required to approve plans and specifications with respect thereto and to award such contract, the commissioner of transportation shall incorporate into the specifications a provision requiring the same wage rates for labor as is currently used by the state of Minnesota on state trunk highway projects other than interstate projects, for work in the same wage rate area. The provisions of this section shall not be applicable to contracts with any railroad or public utility for the alteration or relocation of any facilities of any such railroad or public utility when the work provided for in said contract is done by the regularly employed forces of said railroad or public utility. History:  1965 c 368 s 1; 1976 c 166 s 7
MN Stat § 161.366 (2021)
2021 Minnesota Statutes|Chapters 160 - 174A — Transportation|Chapter 161 — Trunk Highways|Section 161.366 — Construction Contract; Taconite Relief Area.

161.366 CONSTRUCTION CONTRACT; TACONITE RELIEF AREA. The commissioner of transportation, as a condition of awarding a transportation construction contract in the taconite tax relief area, may require the contractor to hire a certain percentage of workers for that contract whose principal place of residence is in the taconite tax relief area. Taconite tax relief area means the tax relief area defined in section 273.134. History:  2001 c 213 s 7; 1Sp2001 c 8 art 2 s 23
MN Stat § 161.368 (2021)
2021 Minnesota Statutes|Chapters 160 - 174A — Transportation|Chapter 161 — Trunk Highways|Section 161.368 — Highway Contracts With Tribal Authorities.

161.368 HIGHWAY CONTRACTS WITH TRIBAL AUTHORITIES. (a) On behalf of the state, the commissioner may enter into agreements with Indian tribal authorities for the purpose of providing maintenance, design, and construction to highways on tribal lands. These agreements may include (1) a provision for waiver of immunity from suit by a party to the contract on the part of the tribal authority with respect to any controversy arising out of the contract and (2) a provision conferring jurisdiction on state district courts to hear such a controversy. (b) Notwithstanding section 161.32, for construction of highways on tribal lands in a reservation exempt from Public Law 83-280, the commissioner may: (1) award a preference for Indian-owned contractors to the same extent provided in the applicable Tribal Employment Rights Ordinance, but not to exceed ten percent; or (2) negotiate with the tribal authority and enter into an agreement for the tribal authority to award and administer the construction contract, with the commissioner providing funding for the state share of the project. If negotiating with the tribal authority, the commissioner must perform an independent cost estimate and determine that the cost proposed by the tribal authority is reasonable. An agreement negotiated with a tribal authority must include a clause requiring conformance with plans and specifications approved by the commissioner. History:  1Sp2003 c 19 art 2 s 10; 2004 c 295 art 1 s 1; 1Sp2005 c 6 art 3 s 8; 2016 c 189 art 13 s 53
MN Stat § 161.37 (2021)
2021 Minnesota Statutes|Chapters 160 - 174A — Transportation|Chapter 161 — Trunk Highways|Section 161.37 — Surplus Government Materials.

161.37 SURPLUS GOVERNMENT MATERIALS. Subdivision 1. Commissioner may accept. The commissioner may accept from the federal government allotments to the state of excess materials suitable for road construction and maintenance purposes. Subd. 2. Costs incurred in obtaining materials. Costs incurred in receiving, placing in use, delivering, or purchasing spare parts for excess materials shall be paid out of the trunk highway fund; provided that any expense so incurred in receiving, delivering, or purchasing spare parts for the material in behalf of any county shall be paid by the county, and payment received therefor shall be credited to the trunk highway fund. History:   1959 c 500 art 2 s 37
MN Stat § 161.391 (2021)
2021 Minnesota Statutes|Chapters 160 - 174A — Transportation|Chapter 161 — Trunk Highways|Section 161.391 — Pavement Striping.

161.391 PAVEMENT STRIPING. The commissioner of transportation may bill highway maintenance operating units of the department and local road authorities for the costs of a centrally managed, pavement marking program. These costs may include equipment acquisition and rental, labor, materials, and other costs as determined by the commissioner. Receipts must be credited to a special account, which is established in the trunk highway fund, and are appropriated to the commissioner to pay the costs for which the billings are made. Amounts credited to the account are exempt from statewide and agency indirect costs payments. History:   1Sp2001 c 8 art 2 s 50
MN Stat § 161.40 (2021)
2021 Minnesota Statutes|Chapters 160 - 174A — Transportation|Chapter 161 — Trunk Highways|Section 161.40 — Joint Facilities With Division Of Emergency Management.

161.40 JOINT FACILITIES WITH DIVISION OF EMERGENCY MANAGEMENT. The commissioner may enter into agreements with the state Division of Emergency Management to build, operate and maintain joint facilities in cases where the Division of Emergency Management contributes its proportionate financial share. History:  1959 c 500 art 2 s 40; 1974 c 428 s 5; 1987 c 71 s 2
MN Stat § 161.41 (2021)
2021 Minnesota Statutes|Chapters 160 - 174A — Transportation|Chapter 161 — Trunk Highways|Section 161.41 — Surplus Property Not Needed For Highway Purposes.

161.41 SURPLUS PROPERTY NOT NEEDED FOR HIGHWAY PURPOSES. Subdivision 1. Commissioner may declare surplus. The commissioner is authorized to declare as surplus any property acquired by the state for highway purposes, excluding real estate, which the commissioner determines to be no longer needed or necessary for state highway purposes. Subd. 2. Determination of value; disposition. The commissioner shall administer all aspects of the disposition of property declared to be surplus under this section. The commissioner shall first determine the value of the surplus property. The commissioner may then transfer the possession of the surplus property to any state agency or political subdivision of this state or to the United States government upon receipt of payment in an amount equal to the value of the surplus property. The commissioner may also sell the surplus property under the competitive bidding provisions of chapter 16C if no state agency or political subdivision of this state offers to purchase the surplus property for its determined value. Subd. 3. Money credited to trunk highway fund. The commissioner shall deposit all money received under this section with the commissioner of management and budget to be credited to the trunk highway fund. History:  1959 c 500 art 2 s 41; 1982 c 617 s 4; 1989 c 209 art 2 s 1; 1998 c 386 art 2 s 64; 2003 c 112 art 2 s 50; 2009 c 101 art 2 s 109
MN Stat § 161.411 (2021)
2021 Minnesota Statutes|Chapters 160 - 174A — Transportation|Chapter 161 — Trunk Highways|Section 161.411 — Sale Of Surplus Earth Material.

161.411 SALE OF SURPLUS EARTH MATERIAL. Whenever the plans for the construction of a trunk highway indicate that there will be a surplus of earth materials from the roadway excavation of such trunk highway, and a political subdivision or public agency of the state indicates that it has use for all or part of such surplus earth materials, the commissioner of transportation may enter into an agreement for the sale of such surplus materials on an equitable basis to such political subdivision or agency. Prior to such agreement the state in its proposal shall require a bid item reflecting either an increased or decreased cost to the state by reason of the proposed sale of such material. If such bid item indicates an increased cost to the state, the materials shall not be sold for less than such increased cost. History:  1965 c 301 s 1; 1976 c 166 s 7
MN Stat § 161.42 (2021)
2021 Minnesota Statutes|Chapters 160 - 174A — Transportation|Chapter 161 — Trunk Highways|Section 161.42 — Leasing Or Sale Of Sounding And Testing Equipment.

161.42 LEASING OR SALE OF SOUNDING AND TESTING EQUIPMENT. The commissioner may sell or lease to other road authorities sounding and testing equipment made by the Transportation Department. Such equipment shall be sold for not less than the cost to the department. All money received from the sale or leasing of the equipment shall be paid into the trunk highway fund. History:  1959 c 500 art 2 s 42; 1976 c 166 s 7