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2009_0817_Packet
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2009_0817_Packet
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11 <br />MINNESOTA STATUTES 2008 429.041 <br />(1) order the work done by day labor, regardless of the estimated cost of such improvement <br />or improvements, and <br />(2) use municipal equipment or hire equipment and purchase materials for all such <br />improvements to be done by day labor in any 12-month period by advertising once therefor, such <br />advertisement to call for bids for the furnishing of equipment, if the municipality does not use <br />its own equipment, and for materials at unit prices based on the quantities which the council <br />estimates will be required. <br />(3) contract at one time on a unit price basis for part or all of the street improvements to <br />be constructed by the municipality during the current year, including improvements which may <br />thereafter be ordered constructed. <br />Subd. 5. Cooperation with state or local government. When an improvement is made <br />under a cooperative agreement with the state or another political subdivision by the terms of <br />which the state or other subdivision is to construct or contract to construct the improvement, it <br />shall not be necessary to comply with subdivisions 1 and 2. <br />Subd. 6. Percentage payment on engineer's estimate. In case the contractor properly <br />performs the work, the council shall, from month to month before completion of the work, pay <br />the contractor not to exceed 95 percent of the amount already earned under the contract, upon <br />the estimate of the engineer or other competent person selected by the council, and the contract <br />shall so provide, and shall further agree that when the work is 95 percent or more completed <br />upon the recommendation of the engineer such portions of the retained price shall be released <br />as the governing body of the municipality determines are not required to be retained to protect <br />the municipality's interest in satisfactory completion of the contract. Failure to pay any amount <br />due and payable under the terms of the contract within 30 days of a monthly estimate or 90 <br />days after the final estimate of the amount earned shall obligate the municipality to pay to the <br />contractor simple interest on the past due amount at an annual rate equal to the monthly index of <br />long term United States bond yields for the month prior to the month in which this obligation is <br />incurred plus an additional one percent per annum. Interest shall not be imposed with respect to <br />any amount which a municipality may legally withhold as a result of breach of contract or other <br />contractual claim or if the delay is caused by the contractor. <br />Subd. 7. Modification of contracts. After work has been commenced on an improvement <br />undertaken pursuant to a contract awarded on a unit price basis the council may, without <br />advertising for bids, authorize changes in the contract so as to include additional units of work at <br />the same unit price if the cost of the additional work does not exceed 25 percent of the original <br />contract price. Original contract price means that figure determined by multiplying the estimated <br />number of units required by the unit price. <br />History: 1953 c 398 s 4; 1957 c 430 s 2, 3; 1961 c 525 s 3, 4; 1973 c 123 art S s 7; 1976 c <br />Copyright �O 2008 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. <br />
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