HB-5376, As Passed Senate, July 1, 2004
SENATE SUBSTITUTE FOR
HOUSE BILL NO. 5376
A bill to amend 1976 PA 451, entitled
"The revised school code,"
by amending section 1267 (MCL 380.1267), as amended by 1995 PA
289.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 1267. (1) Before commencing construction of a new
2 school building, or addition to or repair or renovation of an
3 existing school building, except repair in emergency situations,
4 the board of a school district or intermediate school district or
5 board of directors of a public school academy, shall obtain
6 competitive bids on all the material and labor required for the
7 complete construction of a proposed new building or addition to
8 or repair or renovation of an existing school building.
9 (2) The board, intermediate school board, or board of
10 directors shall advertise for the bids required under subsection
1 (1) once each week
for 2 successive weeks by placing an
2 advertisement for bids at least once in a newspaper of general
3 circulation in the area where the building or addition is to be
4 constructed or where the repair or renovation of an existing
5 building is to take place and by posting an advertisement for
6 bids for at least 2 weeks on the department of management and
7 budget website on a page on the website maintained for this
8 purpose or on a website maintained by a school organization and
9 designated by the department of management and budget for this
10 purpose. If the department of management and budget designates a
11 school organization website for this purpose, the department of
12 management and budget shall indicate this fact on its website and
13 include a link on its website to the school organization
14 website.
15 (3) The advertisement for bids shall do all of the
16 following:
17 (a) Specify the date and time by which all bids must be
18 received by the board, intermediate school board, or board of
19 directors.
20 (b) State that the board, intermediate school board, or board
21 of directors will not consider or accept a bid received by the
22 board, intermediate school board, or board of directors after the
23 date and time specified for bid submission.
24 (c) Identify the time, date, and place of a public meeting at
25 which the board, intermediate school board, or board of directors
26 or its designee will open and read aloud each bid received by the
27 board, intermediate school board, or board of directors by the
House Bill No. 5376 as amended June 30, 2004
1 date and time specified in subdivision (a).
2 (d) State that the bid shall be accompanied by a <<sworn and notarized>> statement
3 disclosing any familial relationship that exists between the
4 owner or any employee of the bidder and any member of the board,
5 intermediate school board, or board of directors or the
6 superintendent of the school district, intermediate
7 superintendent of the intermediate school district, or chief
8 executive officer of the public school academy. A board,
9 intermediate school board, or board of directors shall not accept
10 a bid that does not include this <<sworn and notarized>> disclosure statement.
11 (4) (3) The
board, intermediate school board, or board of
12 directors shall require each bidder for a contract under this
13 section to file with the board, intermediate school board, or
14 board of directors security in an amount not less than 1/20 of
15 the amount of the bid conditioned to secure the school district
16 from loss or damage by reason of the withdrawal of the bid or by
17 the failure of the bidder to enter a contract for performance, if
18 the bid is accepted by the board, intermediate school board, or
19 board of directors.
20 (5) (4) The
board, intermediate school board, or board of
21 directors shall not open, consider, or accept a bid that the
22 board, intermediate school board, or board of directors receives
23 after the date and time specified for bid submission in the
24 advertisement for bids
described in subsection (2) (3).
25 (6) (5) At
a public meeting identified in the advertisement
26 for bids described in
subsection (2) (3), the board,
27 intermediate school board, or board of directors or its designee
1 shall open and read aloud each bid that the board, intermediate
2 school board, or board of directors received at or before the
3 time and date for bid submission specified in the advertisement
4 for bids. The board, intermediate school board, or board of
5 directors may reject any or all bids, and if all bids are
6 rejected, shall readvertise in the manner required by this
7 section.
8 (7) (6) This
section does not apply to buildings,
9 renovations, or repairs
costing less than $12,500.00 $17,932.00
10 or to repair work normally performed by school district,
11 intermediate school board, or public school academy employees.
12 The maximum amount specified in this subsection shall be adjusted
13 each year by multiplying the amount for the immediately preceding
14 year by the percentage by which the average consumer price index
15 for all items for the 12 months ending August 31 of the year in
16 which the adjustment is made differs from that index's average
17 for the 12 months ending on August 31 of the immediately
18 preceding year and adding that product to the maximum amount that
19 applied in the immediately preceding year, rounding to the
20 nearest whole dollar.