2007 Minnesota Statutes

116A.15 CONTRACT AND BOND.
    Subdivision 1. Provisions. The contract and bond to be executed and furnished by the
contractor shall be attached. The contract shall contain the specific description of the work to
be done, either expressly or by reference to the plans and specifications, and shall provide that
the work shall be done and completed as provided in the plans and specifications and subject to
the inspection and approval of the engineer. The county attorney, the engineer, and the attorney
for the petitioners shall prepare the contract and bond. The contractor shall make and file with
the auditor or court administrator a bond, with good and sufficient surety, to be approved by the
auditor or court administrator, in a sum not less than 100 percent of the contract price of the work.
Every such contract and bond shall embrace all the provisions required by sections 116A.01 to
116A.26 and provided by law for bonds given by contractors for public works, and shall be
conditioned as provided by statute in case of public contractors for the better security of the
contracting county or counties and of parties performing labor and furnishing material in and
about the performance of the contract. The bond shall provide that the bonding agents shall be
liable for all damages resulting from any such failure, whether the work be resold or not, and
that any person or corporation, public or private, showing itself injured by such failure, may
maintain an action upon such bond in its own name, and actions may be successive in favor of
all persons so injured; provided, however, that the aggregate liability of the surety for all such
damages shall in no event exceed the amount of said bond. Such contractor shall be considered
a public officer, and such bond an official bond within the meaning of the statutory provisions
construing the official bonds of public officers as security to all persons, and providing for actions
on such bonds by any injured party.
    Subd. 2. Changes during construction. The contract shall give the engineer the right, with
the consent of the board or court, to modify the reports, plans and specifications as the work
proceeds and as circumstances may require. It shall provide that the increased cost resulting from
such changes will be paid by the county to the contractor at not to exceed the price for like work
in the contract. No change shall be made that will substantially impair the usefulness of any part
of the water or sewer system or substantially alter its original character, or will increase its total
cost by more than ten percent of the total original contract price, unless determined by the board
or court to be necessary to complete the system described in the original plans and specifications
in such manner as to make it usable for the purpose contemplated.
History: 1971 c 916 s 15 subds 1,2; 1973 c 322 s 9,10; 1986 c 444; 1Sp1986 c 3 art 1 s 82