February 17, 2005, Introduced by Reps. Newell and Meyer and referred to the Committee on Education.
A bill to amend 1976 PA 451, entitled
"The revised school code,"
by amending section 1267 (MCL 380.1267), as amended by 2004 PA 232.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1267. (1) Before commencing construction of a new school
building, or addition to or repair or renovation of an existing
school building, except repair in emergency situations, the board
of a school district or intermediate school district or board of
directors
of a public school academy , shall
obtain competitive
bids on all the material and labor required for the complete
construction of a proposed new building or addition to or repair or
renovation of an existing school building.
(2) The board, intermediate school board, or board of
directors shall advertise for the bids required under subsection
(1) by placing an advertisement for bids at least once in a
newspaper of general circulation in the area where the building or
addition is to be constructed or where the repair or renovation of
an existing building is to take place and by posting an
advertisement for bids for at least 2 weeks on the department of
management and budget website on a page on the website maintained
for this purpose or on a website maintained by a school
organization and designated by the department of management and
budget for this purpose. If the department of management and budget
designates a school organization website for this purpose, the
department of management and budget shall indicate this fact on its
website and include a link on its website to the school
organization website.
(3) The advertisement for bids shall do all of the following:
(a) Specify the date and time by which all bids must be
received by the board, intermediate school board, or board of
directors.
(b) State that the board, intermediate school board, or board
of
directors will not consider or accept a bid received by the
board,
intermediate school board, or board of directors it
receives after the date and time specified for bid submission.
(c) Identify the time, date, and place of a public meeting at
which the board, intermediate school board, or board of directors
or
its designee will open and read aloud each bid received by the
board,
intermediate school board, or board of directors it has
received by the date and time specified in subdivision (a).
(d)
State that the bid shall must
be accompanied by a sworn
and notarized statement disclosing any familial relationship that
exists between the owner or any employee of the bidder and any
member of the board, intermediate school board, or board of
directors or the superintendent of the school district,
intermediate superintendent of the intermediate school district, or
chief executive officer of the public school academy. A board,
intermediate school board, or board of directors shall not accept a
bid that does not include this sworn and notarized disclosure
statement.
(4) The board, intermediate school board, or board of
directors shall require each bidder for a contract under this
section to file with the board, intermediate school board, or board
of directors security in an amount not less than 1/20 of the amount
of the bid conditioned to secure the school district from loss or
damage by reason of the withdrawal of the bid or by the failure of
the bidder to enter a contract for performance, if the bid is
accepted by the board, intermediate school board, or board of
directors.
(5) The board, intermediate school board, or board of
directors
shall not open, consider, or accept a bid that the board,
intermediate
school board, or board of directors it receives after
the date and time specified for bid submission in the advertisement
for bids described in subsection (3).
(6) At a public meeting identified in the advertisement for
bids described in subsection (3), the board, intermediate school
board, or board of directors or its designee shall open and read
aloud
each bid that the board, intermediate school board, or board
of
directors it has received at or before the time and date for
bid submission specified in the advertisement for bids. The board,
intermediate school board, or board of directors may reject any or
all bids, and if all bids are rejected, shall readvertise in the
manner required by this section.
(7)
This section does not apply to buildings any of the
following:
(a) Construction, renovations, or repairs costing less than
$17,932.00. or
to repair work normally performed by school
district,
intermediate school board, or public school academy
employees.
The maximum amount specified in this subsection
subdivision shall be adjusted each year by multiplying the amount
for the immediately preceding year by the percentage by which the
average consumer price index for all items for the 12 months ending
August 31 of the year in which the adjustment is made differs from
that index's average for the 12 months ending on August 31 of the
immediately preceding year and adding that product to the maximum
amount that applied in the immediately preceding year, rounding to
the nearest whole dollar.
(b) Repair work normally performed by school district,
intermediate school district, or public school academy employees.
(c) New construction or renovations or repairs to a building
if all of the following are met:
(i) The work is performed by pupils enrolled in a program
operated by the school district, intermediate school district, or
public school academy as part of their vocational education
instruction.
(ii) The school district, intermediate school district, or
public school academy does not intend to use any part of the
building for classroom instruction or extracurricular activities.
(iii) The estimated cost of the work is less than $200,000.