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429.041 MINNESOTA STATUTES 2017 8 <br />Subd. 2. Contracts; day labor. In contracting for an improvement, the council shall require the execution <br />of one or more written contracts and bonds, conditioned as required by law. The council shall award the <br />contract to the lowest responsible bidder or it may reject all bids. If any bidder to whom a contract is awarded <br />fails to enter promptly into a written contract and to furnish the required bond, the defaulting bidder shall <br />forfeit to the municipality the amount of the defaulter's cash deposit, cashier's check, bid bond, or certified <br />check, and the council may thereupon award the contract to the next lowest responsible bidder. When it <br />appears to the council that the cost of the entire work projected will be less than the amount in section <br />471.345, subdivision 3, or whenever no bid is submitted after proper advertisement or the only bids submitted <br />are higher than the engineer's estimate, the council may advertise for new bids or, without advertising for <br />bids, directly purchase the materials for the work and do it by the employment of day labor or in any other <br />manner the council considers proper. The council may have the work supervised by the city engineer or <br />other qualified person but shall have the work supervised by a registered engineer if done by day labor and <br />it appears to the council that the entire cost of all work and materials for the improvement will be more than <br />the lowest amount in section 471.345, subdivision 4. In case of improper construction or unreasonable delay <br />in the prosecution of the work by the contractor, the council may order and cause the suspension of the work <br />at any time and relet the contract, or order a reconstruction of any portion of the work improperly done, and <br />where the cost of completion or reconstruction necessary will be less than the amount in section 471.345, <br />subdivision 3, the council may do it by the employment of day labor. <br />Subd. 2a. Best value alternative. As an alternative to the procurement method described in subdivision <br />2, the council may issue a request for proposals and award the contract to the vendor or contractor offering <br />the best value as described in section 16C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c). <br />Subd. 3. Day labor; detailed report. When the council has performed construction work by day labor, <br />it shall cause a detailed report to be filed with the clerk and certified by the registered engineer or other <br />person in charge, if there is no registered engineer. The report shall show: <br />(a) the complete cost of the construction; <br />(b) final quantities of the various units of work done; <br />(c) materials furnished for the project and the cost of each item thereof; <br />(d) cost of labor, cost of equipment hired, and supervisory costs. <br />The report shall have attached a certificate by the registered engineer or other person in charge that the <br />work was done according to the plans and specifications, or, if there were any deviations from them, an <br />itemized statement of those deviations. <br />Subd. 4. Alternate procedure on street improvements. As to any improvement or improvements <br />consisting of grading, graveling, or bituminous surfacing of streets and alleys, the council may proceed in <br />the manner provided in this chapter, except that it may <br />(1) order the work done by day labor, regardless of the estimated cost of such improvement or <br />improvements, <br />(2) use municipal equipment or hire equipment and purchase materials for all such improvements to be <br />done by day labor in any 12-month period by advertising once therefor, such advertisement to call for bids <br />for the furnishing of equipment, if the municipality does not use its own equipment, and for materials at unit <br />prices based on the quantities which the council estimates will be required, and <br />Copyright CO 2017 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. <br />