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469.015 LETTING OF CONTRACTS; PERFORMANCE BONDS.
    Subdivision 1. Bids; notice. All construction work, and work of demolition or clearing, and
every purchase of equipment, supplies, or materials, necessary in carrying out the purposes of
sections 469.001 to 469.047, that involve expenditure of $50,000 or more shall be awarded by
contract. Before receiving bids the authority shall publish, once a week for two consecutive
weeks in an official newspaper of general circulation in the community a notice that bids will be
received for that construction work, or that purchase of equipment, supplies, or materials. The
notice shall state the nature of the work and the terms and conditions upon which the contract is to
be let, naming a time and place where bids will be received, opened and read publicly, which
time shall be not less than seven days after the date of the last publication. After the bids have
been received, opened and read publicly and recorded, the authority shall award the contract to
the lowest responsible bidder, provided that the authority reserves the right to reject any or all
bids. Each contract shall be executed in writing, and the person to whom the contract is awarded
shall give sufficient bond to the authority for its faithful performance. If no satisfactory bid is
received, the authority may readvertise. The authority may establish reasonable qualifications to
determine the fitness and responsibility of bidders and to require bidders to meet the qualifications
before bids are accepted.
    Subd. 2. Exception; emergency. If the authority by a vote of four-fifths of its members shall
declare that an emergency exists requiring the immediate purchase of any equipment or material
or supplies at a cost in excess of $50,000 but not exceeding $75,000, or making of emergency
repairs, it shall not be necessary to advertise for bids, but the material, equipment, or supplies
may be purchased in the open market at the lowest price obtainable, or the emergency repairs
may be contracted for or performed without securing formal competitive bids. An emergency, for
purposes of this subdivision, shall be understood to be unforeseen circumstances or conditions
which result in the placing in jeopardy of human life or property.
    Subd. 3. Performance and payment bonds. Performance and payment bonds shall be
required from contractors for any works of construction as provided in and subject to all the
provisions of sections 574.26 to 574.31 except for contracts entered into by an authority for an
expenditure of less than $50,000.
    Subd. 4. Exceptions. (a) An authority need not require competitive bidding in the following
circumstances:
(1) in the case of a contract for the acquisition of a low-rent housing project:
(i) for which financial assistance is provided by the federal government;
(ii) which does not require any direct loan or grant of money from the municipality as a
condition of the federal financial assistance; and
(iii) for which the contract provides for the construction of the project upon land that is either
owned by the authority for redevelopment purposes or not owned by the authority at the time of
the contract but the contract provides for the conveyance or lease to the authority of the project or
improvements upon completion of construction;
(2) with respect to a structured parking facility:
(i) constructed in conjunction with, and directly above or below, a development; and
(ii) financed with the proceeds of tax increment or parking ramp general obligation or
revenue bonds;
(3) until August 1, 2009, with respect to a facility built for the purpose of facilitating the
operation of public transit or encouraging its use:
(i) constructed in conjunction with, and directly above or below, a development; and
(ii) financed with the proceeds of parking ramp general obligation or revenue bonds or with
at least 60 percent of the construction cost being financed with funding provided by the federal
government; and
(4) in the case of any building in which at least 75 percent of the usable square footage
constitutes a housing development project if:
(i) the project is financed with the proceeds of bonds issued under section 469.034 or from
nongovernmental sources;
(ii) the project is either located on land that is owned or is being acquired by the authority
only for development purposes, or is not owned by the authority at the time the contract is
entered into but the contract provides for conveyance or lease to the authority of the project or
improvements upon completion of construction; and
(iii) the authority finds and determines that elimination of the public bidding requirements is
necessary in order for the housing development project to be economical and feasible.
(b) An authority need not require a performance bond for the following projects:
(1) a contract described in paragraph (a), clause (1);
(2) a construction change order for a housing project in which 30 percent of the construction
has been completed;
(3) a construction contract for a single-family housing project in which the authority acts as
the general construction contractor; or
(4) a services or materials contract for a housing project.
For purposes of this paragraph, "services or materials contract" does not include construction
contracts.
    Subd. 5. Security in lieu of bond. The authority may accept a certified check or cashier's
check in the same amount as required for a bond in lieu of a performance bond for contracts
entered into by an authority for an expenditure of less than $50,000. The check must be held by
the authority for 90 days after the contract has been completed. If no suit is brought within the
90 days, the authority must return the amount of the check to the person making it. If a suit is
brought within the 90-day period, the authority must disburse the amount of the check pursuant to
the order of the court.
History: 1987 c 291 s 15,243; 1987 c 344 s 6; 1988 c 702 s 4; 1989 c 355 s 3; 1992 c 376
art 3 s 5-7; 1992 c 545 art 2 s 5; 1993 c 320 s 3,4; 1994 c 614 s 8; 1998 c 389 art 16 s 22; 2001 c
140 s 1-4; 2004 c 278 s 8,9; 2005 c 152 art 1 s 14