All contracts for the sale or purchase of supplies, materials,
equipment or the rental thereof or the construction, alteration, repair
or maintenance of real or personal property shall be made and entered
into pursuant to the Uniform Municipal Contracting Law[1] and amendments thereto now in force in the State of Minnesota
or any other general law of the State of Minnesota hereinafter enacted.
In the absence of any general law of the State of Minnesota or specific
Charter provision governing the matter, contracts may be made and
entered into in such manner as the Council may direct.
[1]
Editor's Note: See M.S. § 471.345.
The Council in the first instance shall on its own motion, or
may, on the recommendation or report of any department, Commission
or officer of the City, determine in a general way the commodities,
work or service to be done or furnished, and shall fix the estimated
cost thereof, and in order to so determine the cost may require estimates
from any officer or employee of the City or from such other source
as may be expedient. The Council may, at its discretion, direct that
the commodities, work or service be procured by or through the proper
department or office of the City in accordance with the procedures
established by law, Charter provisions or applicable ordinances.
Before advertising for bids, the Council may cause detailed
plans and specifications and the proposed contract for commodities
and service to be filed with the City Clerk-Treasurer.
The Council shall direct the City Clerk-Treasurer to advertise
for bids for doing or furnishing said commodities or service in accordance
with such contract, plans or specifications or otherwise as may be
directed by the City Council. Such advertisement shall be published
in the columns of the official newspaper of the City and in such other
papers and at such other times in such a manner as the Council may
direct. All advertisements for bids shall clearly state that such
bids are to be received and opened at a public meeting of the Council
in the Council chambers upon a certain day and hour or the Council
may direct that all such bids be received and opened in the presence
of the City Clerk-Treasurer and City Engineer or the City Clerk-Treasurer
and some other City official or member of the Council prior to a Council
meeting upon a certain day and hour. All bidders and members of the
public may be present when bids are opened.
In advertising for any bid the Council may require any and all
bidders to deliver the bid and an acceptable bid bond, certified check,
cashier's check or cash, payable to the City of Breckenridge
for such an amount as may be determined by the Council, and if a bidder,
upon the letting of a contract to him or her, shall fail to enter
into the contract so let, the amount of such bond or such certified
check, cashier's check or cash shall be forfeited to the City
as liquidated damages. All advertisements for bids shall reserve the
right to reject any and all bids.
At the time and place mentioned for the call for bids, all bids
shall be opened and read. Before any bids are opened, they shall be
numbered consecutively, and no further bids shall be received after
any bid has been opened. All persons who desire the same shall have
an opportunity to inspect all bids after they are opened. No bid shall
be considered when not accompanied by the security required by the
advertisement for bids.
The Council shall act upon such bids and determine which one,
if any, shall be accepted. The time for acting upon the bids may be
adjourned from time to time, not exceeding one month. All contracts
shall be awarded to the lowest reliable and responsible bidder complying
with the foregoing requirements, provided that the Council may reject
any bids which it may deem unreasonable or unreliable, and the Council
in determining the reliability of the bid shall consider the question
of the responsibility of the bidder and his or her ability to perform
his or her contract, without any reference to the responsibilities
of the sureties on the bond, and in considering the responsibility
of a bidder, the Council may consider performance of such bidder on
previous contracts with the City. The Council may in any case reject
all bids and abandon the proposed contract or may require the City
Clerk-Treasurer to readvertise for new bids in the manner hereinbefore
provided. The Council shall have the right to waive immaterial irregularities
in the bid or in the contract. All contracts shall be executed by
the holder within five days after the contract is presented to him
or her for signature, and if not executed in that time, the holder
shall be deemed to have abandoned the same.
The Council shall require a bond from any contractor in cases
where a bond is required by Minnesota law, and in any other case it
may require the contractor to furnish a bond for the faithful performance
of such contract.
In case of emergencies, and where the delays provided for in
this article will cause great damage to the public interests or endanger
public safety, the head of any department, with written approval of
the Mayor, may make necessary repairs by day labor and procure materials
therefor in the open market. In such case, if such emergency is duly
declared by the City Council, contracts may also be let on such notice
as the Council may direct.
No contract for which a bond is required as provided in this
article shall be assigned or transferred in any manner except by consent
of the Council under such terms and conditions as the Council may
prescribe.
Contracts may contain such other conditions with respect to
time of performance, time and manner of payment, payment of claims
and other matters as the City may provide and direct. All contracts
shall provide that, prior to the completion of the acts to be performed
by the contractors and the acceptance thereof by the City, not to
exceed 90% of the amount earned under such contract, as estimated
by the City Engineer or other competent person selected by the City
Council, may from time to time be paid to the contractor.
