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Minnesota Legislature

Office of the Revisor of Statutes

103E.505 AWARDING THE CONSTRUCTION CONTRACT.
    Subdivision 1. Auditors and drainage authority to proceed. Thirty days after the order
establishing a drainage project is filed, the auditor and the drainage authority or, for a joint county
drainage project, a majority of the auditors of the affected counties shall proceed to award the
contract to construct the drainage project.
    Subd. 2. Pending appeal of benefits and damages. If an appeal regarding the determination
of benefits and damages is made within 30 days after the order establishing the drainage project
has been filed, a contract may not be awarded until the appeal has been determined, unless the
drainage authority orders the contract awarded. The auditor of an affected county or an interested
person may request the drainage authority to make the order. If the request is not made by an
affected auditor, the auditors of affected counties must be given notice five days before the
hearing on the request.
    Subd. 3. Notice of contract awarding. The auditor of an affected county shall give notice of
the awarding of the contract by publication in a newspaper in the county. The notice must state
the time and location for awarding the contract. For a joint county drainage project the auditors
shall award the contract at the office of the auditor where the proceedings are pending. If the
estimated cost of construction is more than $3,000, the auditor must also place a notice in a
drainage construction trade newspaper. The trade newspaper notice must state:
(1) the time and location for awarding the contract;
(2) the approximate amount of work and its estimated cost;
(3) that bids may be for the work as one job, or in sections, or separately, for bridges, ditches
and open work, tile, or tile construction work, if required or advisable;
(4) that each bid must be accompanied by a certified check or a bond furnished by an
approved surety corporation payable to the auditors of affected counties for ten percent of the
bid, as security that the bidder will enter into a contract and give a bond as required by section
103E.501; and
(5) that the drainage authority reserves the right to reject any and all bids.
    Subd. 4. Engineer shall attend awarding of contract. The engineer shall attend the meeting
to award the contract. A bid may not be accepted without the engineer's approval of the bidder's
compliance with plans and specifications.
    Subd. 5. How contract may be awarded. The contract may be awarded in one job, in
sections, or separately for labor and material and may be let to the lowest responsible bidder.
Alternatively, the contract may be awarded to the vendor or contractor offering the best value
under a request for proposals as described in section 16C.28, subdivision 1, paragraph (a), clause
(2), and paragraph (c).
    Subd. 6. Bids exceeding 130 percent of estimated cost not accepted. Bids that in the
aggregate exceed the total estimated cost of construction by more than 30 percent may not be
accepted.
    Subd. 7. Affected counties contract through auditor. The chair of the drainage authority
and the auditor of each affected county shall contract, in the names of their respective counties, to
construct the drainage project in the time and manner and according to the plans and specifications
and the contract provisions in this chapter.
    Subd. 8. Work done by federal government. If any of the drainage work is to be done by
the United States or its agencies, a notice of awarding that contract does not need to be published
and a contract for that construction is not necessary. Affected municipalities may contract or
arrange with the United States or its agencies for cooperation or assistance in constructing,
maintaining, and operating the drainage project and system, for control of waters in the district,
or for making a survey and investigation or reports on the drainage project or system. The
municipalities may provide required guaranty and protection to the United States or its agencies.
History: 1990 c 391 art 5 s 64; 2007 c 148 art 3 s 10