469.068 BID LAW FOR CONSTRUCTION CONTRACTS.
Subdivision 1.
Contracts; bids; bonds. All construction work and every purchase of
equipment, supplies, or materials necessary in carrying out the purposes of sections
469.048 to
469.068, that involve the expenditure of $1,000 or more, shall be awarded by contract as provided
in this subdivision or in subdivision 1a. Before receiving bids under sections
469.048 to
469.068,
the authority shall publish, once a week for two consecutive weeks in the official newspaper
of the port's city, a notice that bids will be received for the construction work, or 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 and name a time and place where the 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, read publicly, and recorded,
the commissioners shall award the contract to the lowest responsible bidder, reserving the right
to reject any or all bids. The contract shall be executed in writing and the person to whom the
contract is awarded shall give sufficient bond to the board for its faithful performance. If no
satisfactory bid is received, the port authority may readvertise, or, by an affirmative vote of two
of its commissioners in the case of a three-member commission, or five of its members in the
case of a seven-member commission, may authorize the authority to perform any part or parts
of any construction work by day labor under conditions it prescribes. The commissioners may
establish reasonable qualifications to determine the fitness and responsibility of bidders, and
require bidders to meet the qualifications before bids are accepted. If the commissioners by
a two-thirds or five-sevenths vote declare that an emergency exists requiring the immediate
purchase of any equipment or material or supplies at a cost in excess of $1,000, but not exceeding
$5,000, in amount, 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 section, is unforeseen circumstances or
conditions which result in the jeopardizing of human life or property.
In all contracts involving the employment of labor, the commissioners shall stipulate
conditions they deem reasonable, as to the hours of labor and wages and may stipulate as to the
residence of employees to be employed by the contractors.
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.
Subd. 1a.
Contracts; best value alternative. As an alternative to the procurement method
described in subdivision 1, a 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. 2.
City purchasing. A port authority may use the facilities of its city's purchasing
department in connection with construction work and to purchase equipment, supplies, or
materials.
Subd. 3.
Uniform municipal contracting law. A port authority may use the dollar limits on
contracts for the basis for competitive bids, quotations, or purchase or sale in the open market
contained in section
471.345 as an alternative to the limits contained in subdivision 1.
History: 1987 c 291 s 69; 1996 c 349 s 1; 2007 c 148 art 3 s 28,29