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.