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deem advisable. If the OS' than three weeks before . t." either a newspa lb such a trade paper;a " except that instead of~ je paper shall contain build, among whom It shall havel{ be done, shan state the tirQi, counctl, which shall he not' e when the esllmaled costis . _ll~cation in other cases,atiQ" Nlth the clerk and acco~ eck payable. to the clerlqQl" :tfy. In proVldmg for the 8I!' : opened publicly by two or lted in advance of the m""l' em shall prevent the council lIved in an improvement, or: zed by law. all or anyparlQf lent or from combining two 15 or a single contract. 'ovement. the council shaII . . conditioned as required by Ie bidder or II may reject all lromptly into a written con. I forteitto the municipality ond. or certified check, and responsible bidder. When it vill be less than 525,000, or Jly bids submitted are high- w bids or, without advertis-. t bAemploymentofday 20~ may have the work iI have the ;;"ork supervised ~ council that the entire cost 1 0,000. In case of improper \.'ork by the contractor, the ne and relet the contract, or one, and where the cost of the council may do it by the 1 as performed construction he clerk and certified by the ,,[ered engineer. The report item thereof: costs. . engineer or other person in ."ations, or. if there were any , ~ w any improvement orim- ,'acing of streets and alleys, '. except that it may LOCAL IMPROVEMENTS. SI'EClAL A...\\SESSME.t'J.rs 429.851 II , (I) order the work done by day labor. regardless of the estimated cost of such improve- "lDent or improvements. and (2) use municipal equipment or hire equipment and purchase materials for all such im- provements to be done by day labor in any 12-month period by advertising once therefor. ", 'such advertisement to call for bids for the furnishing of equipment. if the municipality does not use its own equipment. and for materials at unit prices based on the quantities which the .council estimates will be required. (3) contract atone time on a unit price basis for part or all of the street improvements to be constrUcted by the municipality during the current year, including improvements which may thereafter be ordered constructed. Subd. 5. Cooperation with state or local government. When an improvement is made Under a cooperative agreement with the state or another political subdivision by the terms of which the state or other subdivision is to construct or contract to construct the improvement. it shall not be necessary to comply with subdivisions I and 2. Subd. 6. Percentage payment on engineer's estimate. In case the contractor properly performs the work, the council shall, from month to month before completion of the work, pay the contractor not to exceed 95 percent of the amount already earned under the contract, upon the estimate of the engineer or other competent person selected bv the council, and the contract shall so provide. and shall further agree that when the work is 95 percent or more completed upon the recommendation ofthe engineer such portions of the retained price shall be released as the governing body of the municipality determines are not required to be re- tained to protect the municipality's interest in satisfactory completion of the contracl. Failure to pay any amount due and payable underthe terms ofthe contract within 30 days of a month- ly estimate or90 day~afterthe final estimate of the amount earned shall obligate the munici- pality to pay to the contractor simple interest on the past due amount at an annual "ile equal to the monthly index oflong term United States bond yields forthe month prior to the month in which this obligation is incurred plus an additional one percent per annum. Interest shall not be imposed with respect to any amount which a municipality may legally withhold as aresult of breach of contract or other contractual claim or if the delay is caused by the contraCtor. Subd. 7. Modification of contracts. After work has been commenced on an improve- ment undertaken pursuant to a contract awarded on a unit price basis the council may. with- out advertising for bids, authorize changes in the contract so as to include additional units of :Work at the same unit price if the cost of the additional work does not exceed 25 percent of the original contract price. Original contract price means that figure determined by multiplying .the estimated number ofUnits required by the unit price. History: 1953 c 39it; 4; 1957 c 430 s 2.3; 1961 c 525 s 3.4; 1973 c 123 art 5s 7; 1976 c 156 s 1; 1977 c 278 s 1; 1978 c 518 s 2; 1980 c 464 s 8; 1985 c 174 s 3; 1986 c 444; 1993 c 38 s 1,2 429,05 [Repealed, 1953 c 398 s 13 subd I] 429.051 APPORTIONMENT OF COST. The cost of any improvement, or any part thereof, may be assessed upon property bene- fited by the improvement, Imsed upon the benefil5.E~eiyed. w_hether or not the oroverty .abuts on the improvement and whether or not any part of the cost of the improvement is paid trom the county state-aid highway fund, the municipal state-aid street fund, or the trUnk highway fund. The area assessed may be less than but may not exceed the area proposed to be ,assessed as stated in the notice of hearing on the improvement, except as provided below. The municipality may pay such portion of the cost of the improvement as the council may deter- mine from general ad valorem tax levies or from other revenues or funds of the municipality availahle for the purpose. The municipality may subsequently reimburse itselffor all or any of the portion of the cost of a water. storm sewer. or sanitary sewer improvement so paid by levying additional assessments upon any properties abutting on but not previously assessed for the improvement. on notice and hearing as provided for the assessments initially made. To the extent that such an improvement benefits nonabuttingproperties which may be served by the improvement when one or more later extensions or improvements are made but which are not initially assessed therefor, the municipality may also reimburse itselfby adding all or ; !., "'~ 1':' ;:l~ ~'~;~ 'i~ '..... ~.. I <l<: of!! ~ .~ .~14: ~~ ~ ~ i!.i i! , .-e.~ ---~ ,