Bill Text: MI HB5935 | 2017-2018 | 99th Legislature | Introduced

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Bill Title: Drains; other; drain commissioners to select lowest bid for drain projects without written and public explanation stating alternative selection; require. Amends sec. 221 of 1956 PA 40 (MCL 280.221).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-05-09 - Bill Electronically Reproduced 05/08/2018 [HB5935 Detail]

Download: Michigan-2017-HB5935-Introduced.html

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HOUSE BILL No. 5935

 

 

May 8, 2018, Introduced by Rep. Hughes and referred to the Committee on Local Government.

 

     A bill to amend 1956 PA 40, entitled

 

"The drain code of 1956,"

 

by amending section 221 (MCL 280.221), as amended by 2016 PA 27.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 221. (1) At the time and place established in the notice

 

under section 154, the commissioner shall receive bids for the

 

construction of the drain. The commissioner may, and shall for all

 

drains having an estimated cost exceeding $5,000.00, advertise for

 

sealed proposals, to be opened on the day of letting. All sealed

 

proposals received by the commissioner shall be publicly opened by

 

him or her in the meeting and may be examined at the meeting by any

 

person interested. As soon as practical after the opening of bids

 

for the construction of any drain, the commissioner shall determine

 

the lowest responsible bidder and award contracts, or may shall

 

reject all proposals and readvertise. , and in cases where If the

 

commissioner awards a contract, the contract shall be awarded to

 

the responsive and responsible bidder who submits the lowest bid.

 

However, the commissioner may award the contract to another

 

responsive and responsible bidder if both of the following apply:

 

     (a) The commissioner determines that that bidder's proposal

 

provides the best value.

 

     (b) The commissioner files in his or her office a written

 

explanation of the reasons why that bidder's proposal provides the

 

best value.

 

     (2) If the commissioner determined that the taxes assessed for

 

benefits shall be collected in more than 1 installment, the

 

commissioner shall, as soon as practical after the opening of bids

 

for the construction of the drain and subject to section 275,

 

determine the amount, form, maturity, mandatory redemption

 

requirements, if any, and rate of interest of bonds to be issued.

 

In counties having a board of county auditors, drain bonds shall

 

not be sold and drain contracts shall not be let without the

 

written consent and approval of the board of county auditors.

 

However, the approval of the board of county auditors is not

 

required in proceedings relative to intercounty drains.

 

     (3) (2) If a contract is not let within 5 years after the date

 

of filing the petition to locate, establish and construct, or

 

deepen, widen, straighten, tile, extend, or clean out a drain, the

 

drain commissioner may determine that the petition shall be

 

considered abandoned and is abandoned. In that case, no further

 

action shall be taken to construct the drain. Time during which The

5-year period is tolled during any litigation is pending to contest

 

the validity of the proceedings. shall not be counted as a part of

 

such 5-year period. If the drain commissioner determines the

 

petition shall be considered that the petition is abandoned, the

 

commissioner shall issue an order to that effect. However, a

 

determination of abandonment shall not be issued within the 5-year

 

period. Notice of the order shall be given by publishing a notice

 

publication in a newspaper of general circulation in the county.

 

This section applies to all petitions that are in full force and

 

effect on or after January 1, 1973.

 

     (4) (3) The board of county road commissioners, if authorized

 

by a committee of commissioners appointed by the county board of

 

commissioners, may bid for the construction, cleaning, deepening,

 

and or widening of drains within the county, and, if a the bid is

 

accepted, may perform the work called for in the bid, and receive

 

payment for the work performed. A bid tendered by a board of county

 

road commissioners shall not be accepted and is not considered to

 

be the lowest bid from a responsive and responsible bidder unless

 

the bid is at least 15% lower than any other bid tendered by a

 

responsive and responsible bidder. The money received by the county

 

road commission under the contract shall be credited to the county

 

road fund. , and expenditures Expenditures incurred by the county

 

road commission shall be in the performance of the contract are

 

proper disbursements from the county road fund.

 

     (5) As used in this section, "responsive and responsible

 

bidder" means a bidder who meets all the following requirements:

 

     (a) Complies with all bid specifications and requirements.

     (b) Has been determined by the commissioner to be responsible

 

by all of the following criteria:

 

     (i) Financial resources.

 

     (ii) Technical capabilities.

 

     (iii) Professional experience.

 

     (iv) Past performance.

 

     (v) Insurance and bonding capacity.

 

     (vi) Business integrity.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.