HB-4610, As Passed House, June 10, 2015
May 14, 2015, Introduced by Reps. Aaron Miller, Cole, Leutheuser, Iden, Sheppard, Theis, Inman and Potvin and referred to the Committee on Roads and Economic Development.
A bill to amend 1909 PA 283, entitled
"An act to revise, consolidate, and add to the laws relating to the
establishment, opening, discontinuing, vacating, closing, altering,
improvement, maintenance, and use of the public highways and
private roads; the condemnation of property and gravel therefor;
the building, repairing and preservation of bridges; maintaining
public access to waterways under certain conditions; setting and
protecting shade trees, drainage, and cutting weeds and brush
within this state; providing for the election or appointment and
defining the powers, duties, and compensation of state, county,
township, and district highway officials; and to prescribe
penalties and provide remedies,"
(MCL 220.1 to 239.6) by adding section 19c to chapter IV.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER IV
Sec. 19c. (1) Notwithstanding any provision of law to the
contrary and subject to subsections (4) and (6), if a single
township contributes 50% or more to the cost of a road project, the
road project is located entirely within the jurisdiction of the
township, and the road project does not disrupt any multiple
township contract, the township board, by resolution, may require
that the county road commission contract for the work on that road
project through competitive bidding. A county road commission is
not prohibited from submitting a competitive bid under this
section.
(2) If a township board requires a county road commission to
contract for work on a road project through competitive bidding as
permitted under subsection (1), the county road commission shall
use the responsive and reasonable best value bidder process to
competitively bid and award the road project contract to a
responsive and reasonable best value bidder. As used in this
subsection, "responsive and reasonable best value bidder" means a
bidder who meets 1 of the following:
(a) Complies with all bid specifications and requirements and
is listed by the Michigan department of transportation as a
qualified bidder for the particular type of road project involved.
(b) Complies with all bid specifications and requirements and
is determined by the Michigan department of transportation or the
county road commission to be responsible using all of the following
criteria:
(i) The bidder's financial resources.
(ii) The bidder's technical capabilities.
(iii) The bidder's professional experience.
(iv) The bidder's past performance.
(v) The bidder's insurance and bonding capacity.
(3) If a township board requires a county road commission to
contract for work on a road project through competitive bidding as
permitted under subsection (1), the county road commission shall,
within 15 days after the deadline for accepting bids, do all of the
following:
(a) Based on the responsive and reasonable best value bidder
process, determine which bids submitted are qualified and which
bids submitted are not qualified.
(b) Clearly mark the bids, indicating which bids are qualified
and which bids are not qualified.
(c) Transmit all of the bids received to the township board
described in subsection (1) at least 30 days before awarding the
contract to a qualified bidder.
(4) Subsections (1), (2), and (3) only apply to the following
road projects:
(a) A road project involving unpaved roads with an estimated
cost of more than $25,000.00.
(b) A road project involving paved roads with an estimated
cost of more than $50,000.00.
(5) Notwithstanding any provision of law to the contrary and
subject to subsection (10), if a single township contributes 50% or
more to the cost of a very low-volume local road project, the road
project is located entirely within the jurisdiction of the
township, and the road project does not disrupt any multiple
township contract, the work on that very low-volume local road
project shall, at a minimum, comply with the standards adopted by
the American Association of State Highway and Transportation
Officials for very low-volume local road projects. A county road
commission shall not impose construction and design standards on a
very low-volume local road project that exceed the American
Association of State Highway and Transportation Officials
construction and design standards for very low-volume local road
projects unless those standards are approved by the township board
described in this subsection. As used in this subsection, "very
low-volume local road" means that term as defined by the American
Association of State Highway and Transportation Officials in
guidelines for geometric design of very low-volume local roads (ADT
≤ 400).
(6) Notwithstanding any provision of law to the contrary and
subject to subsection (9), if 2 or more townships in combination
with one another contribute 50% or more to the cost of a road
project, the road project is located entirely within the
jurisdiction of those townships, and the road project does not
disrupt any multiple township contract, the township board of each
of those townships, by resolution, may require that the county road
commission contract for the work on that road project through
competitive bidding. Competitive bidding by the county road
commission is required on a road project described in this
subsection only if each township board described in this subsection
passes a resolution requiring that the work be awarded through
competitive bidding. A county road commission is not prohibited
from submitting a competitive bid under this section.
(7) If each township board requires a county road commission
to contract for work on a road project through competitive bidding
as permitted under subsection (6), the county road commission shall
use the responsive and reasonable best value bidder process to
competitively bid and award the road project contract to a
responsive and reasonable best value bidder. As used in this
subsection, "responsive and reasonable best value bidder" means a
bidder who meets 1 of the following:
(a) Complies with all bid specifications and requirements and
is listed by the Michigan department of transportation as a
qualified bidder for the particular type of road project involved.
(b) Complies with all bid specifications and requirements and
is determined by the Michigan department of transportation or the
county road commission to be responsible using all of the following
criteria:
(i) The bidder's financial resources.
(ii) The bidder's technical capabilities.
(iii) The bidder's professional experience.
(iv) The bidder's past performance.
(v) The bidder's insurance and bonding capacity.
(8) If each township board requires a county road commission
to contract for work on a road project through competitive bidding
as permitted under subsection (6), the county road commission
shall, within 15 days after the deadline for accepting bids, do all
of the following:
(a) Based on the responsive and reasonable best value bidder
process, determine which bids submitted are qualified and which
bids submitted are not qualified.
(b) Clearly mark the bids, indicating which bids are qualified
and which bids are not qualified.
(c) Transmit all of the bids received to each township board
described in subsection (6) at least 30 days before awarding the
contract to a qualified bidder.
(9) Subsections (6), (7), and (8) only apply to the following
road projects:
(a) A road project involving unpaved roads with an estimated
cost of more than $25,000.00.
(b) A road project involving paved roads with an estimated
cost of more than $50,000.00.
(10) Notwithstanding any provision of law to the contrary, if
2 or more townships in combination with one another contribute 50%
or more to the cost of a very low-volume local road project, the
road project is located entirely within the jurisdiction of those
townships, and the road project does not disrupt any multiple
township contract, the work on that very low-volume local road
project shall, at a minimum, comply with the standards adopted by
the American Association of State Highway and Transportation
Officials for very low-volume local road projects. A county road
commission shall not impose construction and design standards on a
very low-volume local road project that exceed the American
Association of State Highway and Transportation Officials
construction and design standards for very low-volume local road
projects unless those standards are approved by each of the
township boards described in this subsection. As used in this
subsection, "very low-volume local road" means that term as defined
by the American Association of State Highway and Transportation
Officials in guidelines for geometric design of very low-volume
local roads (ADT ≤ 400).
Enacting section 1. This amendatory act takes effect October
1, 2015.