January 30, 2007, Introduced by Senators GILBERT, KUIPERS, BIRKHOLZ and PAPPAGEORGE and referred to the Committee on Transportation.
A bill to amend 1951 PA 51, entitled
"An act to provide for the classification of all public roads,
streets, and highways in this state, and for the revision of that
classification and for additions to and deletions from each
classification; to set up and establish the Michigan transportation
fund; to provide for the deposits in the Michigan transportation
fund of specific taxes on motor vehicles and motor vehicle fuels;
to provide for the allocation of funds from the Michigan
transportation fund and the use and administration of the fund for
transportation purposes; to set up and establish the truck safety
fund; to provide for the allocation of funds from the truck safety
fund and administration of the fund for truck safety purposes; to
set up and establish the Michigan truck safety commission; to
establish certain standards for road contracts for certain
businesses; to provide for the continuing review of transportation
needs within the state; to authorize the state transportation
commission, counties, cities, and villages to borrow money, issue
bonds, and make pledges of funds for transportation purposes; to
authorize counties to advance funds for the payment of deficiencies
necessary for the payment of bonds issued under this act; to
provide for the limitations, payment, retirement, and security of
the bonds and pledges; to provide for appropriations and tax levies
by counties and townships for county roads; to authorize
contributions by townships for county roads; to provide for the
establishment and administration of the state trunk line fund,
local bridge fund, comprehensive transportation fund, and certain
other funds; to provide for the deposits in the state trunk line
fund, critical bridge fund, comprehensive transportation fund, and
certain other funds of money raised by specific taxes and fees; to
provide for definitions of public transportation functions and
criteria; to define the purposes for which Michigan transportation
funds may be allocated; to provide for Michigan transportation fund
grants; to provide for review and approval of transportation
programs; to provide for submission of annual legislative requests
and reports; to provide for the establishment and functions of
certain advisory entities; to provide for conditions for grants; to
provide for the issuance of bonds and notes for transportation
purposes; to provide for the powers and duties of certain state and
local agencies and officials; to provide for the making of loans
for transportation purposes by the state transportation department
and for the receipt and repayment by local units and agencies of
those loans from certain specified sources; and to repeal acts and
parts of acts,"
by amending section 11c (MCL 247.661c), as amended by 2002 PA 498.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
11c. (1) All Except
as provided in subsection (2), all
federal aid construction projects, all other projects of the
department concerning highways, streets, roads, and bridges, whose
cost exceeds $100,000.00 for construction or preservation as
defined in section 10c, shall be performed by contract awarded by
competitive bidding unless the department shall affirmatively find
that under the circumstances relating to those projects, some other
method is in the public interest. All of those findings shall be
reported to the state transportation commission 90 days before work
is commenced and promptly in writing to the appropriations
committees of the senate and house of representatives. However,
except as provided in subsection (2), in a case in which the
department determines emergency action is required, the reports
need not be filed before work is commenced but shall be promptly
filed. Local road agencies that make a decision not to perform
construction or preservation projects exceeding $100,000.00 shall
contract for this work through competitive bidding.
(2) Beginning January 1, 2008, all federal aid construction
projects, all other projects of the department concerning highways,
streets, roads, and bridges, whose cost exceeds $5,000,000.00 for
construction or preservation as defined in section 10c, shall be
performed by design-build contract with a private entity awarded by
competitive bidding.
(3) As used in this section, "design-build" means a
procurement process in which both the design and construction of a
project are procured from a single entity.