Subdivision 1. [Repealed, 1991 c 212 s 4]
Subd. 2. Authorization of design and construct contracts. Notwithstanding the provisions of any law or charter to the contrary, any municipality authorized by law to enter into a contract for the design and/or construction of water or wastewater treatment facilities may advertise for sealed bids for the design and construction thereof under a single contract. Prior to such advertisement the municipality shall prepare or cause to be prepared documents which shall serve as a basis for the comparison of bids and any contract to be entered into. These documents shall be prepared by a professional engineer in sufficient detail, including hydraulic flow and organic loading calculations, design capacity, effluent limits, design life, and the treatment alternatives for the wastewater treatment facility, for the bidder to describe the probable cost, scope of work, equipment and materials of construction; and the documents shall include performance standards for the construction and performance standards for the operation of the facility which must be met for specified conditions and time periods, prior to final acceptance of the facility by the municipality. The documents shall require the bidder to furnish estimates of the annual operation and maintenance costs of the facility, conceptual plans and specifications and any other information deemed relevant for contract award.
In awarding the contract, the municipality shall take into consideration the performance guarantee, completion date, construction cost, capacity of the facility, design life estimated annual operation and maintenance cost, and other relevant factors.
The provisions of any law which require the Minnesota Pollution Control Agency to approve all plans and specifications on a municipal or regional water or wastewater treatment facility prior to calling for construction bids shall not be applicable to contracts authorized by this section. However, after bids have been received and evaluated by the governing body, the best bid determined, and the contract awarded, a municipality shall not, by the terms of the awarded contract, allow construction to commence until all legal requirements are met and the plans and specifications for construction of a wastewater treatment facility have been approved by the Minnesota Pollution Control Agency or, in the case of a water treatment facility, the plans and specifications for construction have been approved by the Minnesota Department of Health.
Upon award of the contract the municipality shall require the successful bidder to furnish detailed plans and specifications and shall provide for termination of the contract and may provide for penalties if such plans and specifications are insufficient to permit the municipality to satisfy the requirements of any federal or state permit.
Subd. 3. Limitations. The provisions of subdivision 2 shall not in any way limit the application and effect of laws governing the practice of architecture, professional engineering, or land surveying in this state, including sections 326.02 to 326.15, and 541.051.
Subd. 4. Definitions. As used in this section, "municipality" has the meaning given to it in section 471.345; "contract" includes not only construction work but also all necessary design services, including process and mechanical equipment, provisions for the start-up of the new facility, performance guarantee, and the other necessary and related items to make an operable plant; and "facility" or "facilities" shall, in addition to the treatment facility, include collection and distribution systems.
Subd. 5. Contract security and insurance. Each awarded contract:
(1) shall require a payment and performance bond for the construction portion of the contract;
(2) shall require the successful bidder to guarantee the performance of the facility to the level required by a permit for the operation of the facility, for 12 months after the date operation begins; and
(3) may allow construction progress payments by the municipality to the successful bidder.
Subd. 6. [Repealed, 1991 c 212 s 4]
1974 c 503 s 1,2; 1Sp1981 c 4 art 1 s 35; 1991 c 212 s 1-3
Structure Minnesota Statutes
Chapters 471 - 472B — Municipalities
Chapter 471 — Municipal Rights, Powers, Duties
Section 471.15 — Recreational Facilities By Municipality; Bonds.
Section 471.16 — Operation Of Program; Levy.
Section 471.17 — Location Of Activities.
Section 471.18 — Education Commissioner To Establish Qualifications.
Section 471.19 — Recreation Program To Be For Education Purposes.
Section 471.191 — Acquisition Of Facilities By City, School District.
Section 471.1911 — Validation Of School District Agreements.
Section 471.1912 — Public Beaches; Lifeguards.
Section 471.193 — Municipal Heritage Preservation.
Section 471.195 — Unclaimed Property; Disposal.
Section 471.198 — Expenditures; National Night Out; Law Enforcement Community Events.
Section 471.24 — Towns, Statutory Cities; Joint Maintenance Of Cemetery.
Section 471.342 — Inflow And Infiltration Program.
Section 471.345 — Uniform Municipal Contracting Law.
Section 471.3455 — Public Safety Equipment Purchase Or Lease.
Section 471.3457 — Veteran-owned Small Business Contracts.
Section 471.3459 — Donation Of Surplus Equipment.
Section 471.346 — Publicly Owned And Leased Vehicles Identified.
Section 471.35 — Specifications Of Supplies Or Equipment.
Section 471.36 — Noncompetitive Supplies And Equipment.
Section 471.371 — Contracts For Construction Of Treatment Works.
Section 471.381 — City, Town, And County Obligations And Payments.
Section 471.382 — Credit Cards.
Section 471.391 — Declaration Form.
Section 471.40 — Auditing Claims.
Section 471.41 — Auditing Accounts Not Itemized A Gross Misdemeanor.
Section 471.415 — Duplicate Warrants Or Orders.
Section 471.425 — Prompt Payment Of Local Government Bills.
Section 471.426 — Direct Deposit.
Section 471.44 — Municipality To Supply Counsel For Police, Peace Officers.
Section 471.45 — Costs And Disbursements To Be Assigned To Municipalities.
Section 471.46 — Vacancies; Persons Ineligible To Appointment.
Section 471.462 — Written Estimate Of Consultant Fees.
Section 471.464 — Ramps At Crosswalks.
Section 471.469 — Elevators In Apartment Buildings.
Section 471.471 — Access Review Board.
Section 471.475 — Iron Range Cities Or Towns May Lease Out Hospital.
Section 471.476 — Ambulance Services, Hennepin County Exception.
Section 471.50 — County Board May Make Agreements In Regard To Taxes.
Section 471.51 — Agreement To State Years Of Payments.
Section 471.52 — Apportionment Of Payments.
Section 471.53 — Who May Make Requests.
Section 471.54 — Use Of Money.
Section 471.55 — Construction Of Sections 471.49 To 471.55.
Section 471.562 — Definitions.
Section 471.563 — Uses Of Loan Repayments.
Section 471.57 — Public Works Reserve Fund.
Section 471.571 — Permanent Improvement Fund, Certain Cities.
Section 471.572 — Infrastructure Replacement Reserve Fund.
Section 471.58 — Range Association Of Municipalities And Schools; Dues.
Section 471.59 — Joint Exercise Of Powers.
Section 471.591 — Extension Of Municipal Services.
Section 471.61 — Group Benefits For Officers, Employees, Retirees.
Section 471.611 — Retirees' Health Insurance Benefits.
Section 471.615 — Individual Annuity For Public Officer, Employee.
Section 471.6151 — Contributions From Lawful Gambling Organizations.
Section 471.6161 — Group Insurance; Governmental Units.
Section 471.617 — Self-insurance Of Employee Health Benefits.
Section 471.6175 — Trust For Postemployment Benefits.
Section 471.62 — Statutes Or Rules May Be Adopted By Reference.
Section 471.63 — Promotion Of Safety And Preservation Of Human Life.
Section 471.631 — Rewards For Information About Felons.
Section 471.635 — Zoning Ordinances.
Section 471.64 — May Get, Dispose Of Property To, From U.s., State Agencies.
Section 471.65 — Grant, Advance, Or Loan From U.s. Or State Government.
Section 471.653 — Distribution Of Certain Federal Payments.
Section 471.655 — Municipality's Economic Opportunity Program Powers.
Section 471.656 — Limits On Bond Issuance For Extraterritorial Projects.
Section 471.661 — Out-of-state Travel.
Section 471.665 — Mileage Allowances.
Section 471.666 — Personal Use Of Publicly Owned Automobiles Prohibited.
Section 471.67 — Agreement Between Commissioner Of Dnr And Municipality.
Section 471.68 — Distribution Of Publications By Any County Or City.
Section 471.685 — Limit On Postsecondary Institution Fees.
Section 471.69 — Limitation Of Tax Levies; Statement.
Section 471.695 — City Defined For Sections 471.695 To 471.699.
Section 471.696 — Fiscal Year; Designation.
Section 471.6965 — Publication Of Summary Budget Statement.
Section 471.697 — Financial Reports; Filing; Cities, Towns Of 2,500.
Section 471.698 — Finance Report, File, Publish Or Post; Cities Under 2,500.
Section 471.6985 — Municipal Liquor Store.
Section 471.699 — Enforcement Of Reporting Requirements.
Section 471.6995 — Extended Time To File Financial Report; Disaster Areas.
Section 471.70 — Annual Report Of Outstanding Obligations.
Section 471.701 — Salary Data.
Section 471.707 — Vending Machine License Fees; Notice.
Section 471.709 — Massage Therapist License; Permit.
Section 471.72 — Application; Purpose.
Section 471.73 — Acceptance Of Provisions.
Section 471.75 — Orders, Sufficient Funds; Certificates Of Indebtedness.
Section 471.76 — Expenditures, Obligations; Clerk's Statement.
Section 471.77 — Indebtedness Contracted In Excess Of Revenue.
Section 471.78 — Indebtedness In Excess Of Revenue, Contracts Void.
Section 471.81 — Construction.
Section 471.82 — Repealer, Exceptions.
Section 471.83 — Severable, Effect.
Section 471.831 — Municipality May File Bankruptcy Petition.
Section 471.84 — Cemeteries; Appropriation By Certain Subdivisions.
Section 471.85 — Property Transfer; Public Corporations.
Section 471.86 — Protection For Firefighter Driver Sued For Damages.
Section 471.87 — Public Officers, Interest In Contract; Penalty.
Section 471.881 — Exceptions; Application.
Section 471.89 — Contract, When Void.
Section 471.895 — Certain Gifts By Interested Persons Prohibited.
Section 471.90 — Statutory Cities, Hospital; Transfer To County.
Section 471.91 — Air Travel Accounts.
Section 471.92 — Dangerous Excavations.
Section 471.924 — County Regulation Of Secondhand And Junk Dealers.
Section 471.925 — Definitions.
Section 471.926 — Relation To Other County Authority.
Section 471.927 — Cooperation With Municipalities.
Section 471.929 — Enforcement.
Section 471.93 — Appropriations For Historical Work By Municipalities.
Section 471.935 — Appropriations For Senior, Youth Centers.
Section 471.941 — Appropriation For Artistic Activities.
Section 471.95 — Patients In Public Hospitals, Extension Of Credit.
Section 471.96 — Members Of Civic Educational Associations.
Section 471.97 — Authority To Advance Expense Money.
Section 471.98 — Self-insurance; Definitions.
Section 471.981 — Self-insurance Coverage By Political Subdivision.
Section 471.982 — Review Of Joint Self-insurance Pool.
Section 471.985 — County And City Ordinances Prohibiting Trespassing.
Section 471.99 — Notice Of Government Action.
Section 471.991 — Definitions.
Section 471.992 — Equitable Compensation Relationships.
Section 471.993 — Compensation Relationships Of Positions.
Section 471.994 — Job Evaluation System.
Section 471.995 — Report Availability.
Section 471.9966 — Effect On Other Law.
Section 471.997 — Human Rights Act, Evidence.
Section 471.9981 — Counties And Cities; Pay Equity Compliance.
Section 471.999 — Report To Legislature.
Section 471.9995 — Rental Dwelling Notice.
Section 471.9996 — Rent Control Prohibited.
Section 471.9997 — Federally Assisted Rental Housing; Impact Statement.