1997 Minnesota Statutes

     161.32 Manner of conducting work on trunk highway. 

    Subdivision 1.    Advertisement for bids.  The 
 commissioner may conduct the work or any part thereof incidental 
 to the construction and maintenance of the trunk highways by 
 labor employed therefor or by contract.  In cases of 
 construction work, the commissioner shall first advertise for 
 bids for contracts, and if no satisfactory bids are received, 
 may either reject all bids and readvertise, or do the work by 
 labor employed therefor. Except as hereinafter provided, when 
 work is to be done under contract, the commissioner shall 
 advertise for bids once each week for three successive weeks 
 prior to the date such bids are to be received.  The 
 advertisement for bids shall be published in a newspaper or 
 other periodical of general circulation in the state.  The plans 
 and specifications for the proposed work shall be on file in the 
 commissioner's office prior to the first call for bids. 

    Subd. 2.    Direct negotiation.  In cases where the 
 estimated cost of construction work or maintenance work does not 
 exceed $75,000, the commissioner may enter into a contract for 
 the work by direct negotiation, by obtaining two or more 
 quotations for the work, and without advertising for bids or 
 otherwise complying with the requirements of competitive bidding 
 if the total contractual obligation of the state for the 
 directly negotiated contract or contracts on any single project 
 does not exceed $75,000.  All quotations obtained shall be kept 
 on file for a period of at least one year after receipt of the 
 quotation. 

    Subd. 3.    Emergencies.  In the case of emergency, 
 contracts may be let without advertising for bids. Emergency is 
 defined as a condition on a trunk highway that necessitates 
 immediate work in order to keep such highway open for travel.  
 No such contract shall be let without advertising for bids 
 except upon the written authority of the commissioner or the 
 commissioner's deputy. 

    Subd. 4.    Repair and restoration of trunk highways 
 damaged by spring breakup.  Contracts may be let for the 
 repair and restoration of trunk highways damaged by spring 
 breakup upon advertisement for bids and publication thereof in a 
 newspaper or periodical of general circulation for a period of 
 one week prior to the date such bids are to be received, and 
 upon the mailing of such advertisements to all contractors who 
 have filed a written request therefor. 

    Subd. 5.    Default by contractor.  In cases where work 
 is being done under contract and the commissioner finds that the 
 contractor has failed to comply within 60 days from the date of 
 receipt of a written demand to make arrangements, satisfactory 
 to the commissioner, to correct specified delays, neglect, or 
 default, within the control of the contractor, the commissioner 
 may negotiate with others, with the approval of the defaulting 
 contractor's surety, for the completion of the contract 
 according to the terms and provisions of the contract. 

    Subd. 6.    Landscape contractors; payment.  When goods 
 or services are provided to the commissioner by a landscape 
 contractor for the landscaping of a trunk highway, the 
 commissioner shall agree in the contract to pay the landscape 
 contractor 100 percent of the value of the contract upon 
 completion of the contracted work.  The commissioner may require 
 the contractor, as part of the contract, to post a bond for a 
 sum not exceeding 125 percent of the value of the contract, 
 payable to the commissioner, and conditioned upon the work's 
 compliance with the contract terms, for a period of one year 
 beyond the work completion date. 

    HIST: 1959 c 500 art 2 s 32; 1961 c 17 s 1; 1963 c 455 s 1; 
 1967 c 232 s 1; 1981 c 209 s 4; 1985 c 76 s 1; 1986 c 444