Bill Text: MI HB5238 | 2015-2016 | 98th Legislature | Introduced
Bill Title: Local government; other; local government professional services selection act; create. Creates new act.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2016-01-27 - Bill Electronically Reproduced 01/26/2016 [HB5238 Detail]
Download: Michigan-2015-HB5238-Introduced.html
HOUSE BILL No. 5238
January 26, 2016, Introduced by Reps. Kosowski, Schor, Santana, Sheppard, Heise and Lucido and referred to the Committee on Local Government.
A bill to create the local government professional services
selection act; to provide the procedure to procure architectural
services, engineering services, and land surveying services by
local governments; and to prescribe the powers and duties of
certain local government officers and officials.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as the "local
government professional services selection act".
Sec. 3. As used in this act:
(a) "Architectural services" means the practice of
architecture as that term is defined in section 2001 of the
occupational code, 1980 PA 299, MCL 339.2001.
(b) "Engineering services" means the practice of professional
engineering as that term is defined in section 2001 of the
occupational code, 1980 PA 299, MCL 339.2001.
(c) "Firm" means a sole proprietorship, partnership,
corporation, or limited liability company through which a person
licensed as an architect, professional engineer, or professional
surveyor under article 20 of the occupational code, 1980 PA 299,
MCL 339.2001 to 339.2014, offers or provides architectural
services, engineering services, or land surveying services to the
public.
(d) "Land surveying services" means the practice of
professional surveying as that term is defined in section 2001 of
the occupational code, 1980 PA 299, MCL 339.2001.
(e) "Local unit" means a county, city, village, township,
school district, water-sewer district, authority, or any other
political subdivision of this state.
(f) "Project" means any capital improvement project or any
study, plan, survey, or new or existing program or activity that
requires architectural services, engineering services, or land
surveying services.
(g) "Satisfactory relationship" means that a firm is
performing architectural services, engineering services, or land
surveying services for a local unit and performing those services
to the satisfaction of the local unit.
Sec. 5. Unless a local unit has a satisfactory relationship
with 1 or more firms for providing architectural services,
engineering services, or land surveying services, if a proposed
project by a local unit requires architectural services,
engineering services, or land surveying services, the local unit
shall publish a notice requesting a statement of interest in the
proposed project by any firm, along with a statement of
qualifications and performance data from that firm. The published
notice shall state the general scope and nature of the proposed
project for which services are required and shall include contact
information for a representative of the local unit who can provide
further details of the proposed project.
Sec. 7. (1) Unless a local unit has a satisfactory
relationship with 1 or more firms for providing architectural
services, engineering services, or land surveying services, in
procuring architectural services, engineering services, or land
surveying services for a proposed project, a local unit shall
evaluate the statements of interest, statements of qualifications,
and performance data submitted by firms. In evaluating a firm for
the proposed project, a local government shall consider all of the
following:
(a) Qualifications of the firm.
(b) Ability of the professional personnel of the firm.
(c) Past record and experience of the firm.
(d) Any other qualifications-based factors that the local unit
determines are applicable.
(2) The local unit may conduct discussions with and require
public presentations by any firm being considered to provide the
required architectural services, engineering services, or land
surveying services for the proposed project.
(3) Based on the evaluations, discussions, and presentations,
the local unit shall select those firms considered the most highly
qualified to provide the required architectural services,
engineering services, or land surveying services for the proposed
project. The local unit shall rank those firms selected in order
based on the qualifications set forth in this section.
Sec. 9. (1) Unless a local unit has a satisfactory
relationship with 1 or more firms for providing architectural
services, engineering services, or land surveying services, a local
unit shall enter into contract negotiations with the highest ranked
firm at compensation that the local unit determines to be fair and
reasonable. The local unit shall take into account the estimated
value, scope, complexity, and professional nature of the services
to be rendered.
(2) If a local unit is unable to negotiate a satisfactory
contract with the highest-ranked firm, negotiations with that firm
shall be formally terminated. The local unit shall begin
negotiations with the next most highly ranked firm and continue
until an agreement is reached or the process is terminated.
(3) If the local unit is unable to negotiate a satisfactory
contract with any of the selected firms, the local unit shall
reevaluate the architectural services, engineering services, or
land surveying services requested, including the estimated value,
scope, complexity, and fee requirements. The local unit shall then
compile another list of ranked firms and proceed to negotiate with
those firms as provided in this section.
Sec. 11. A local unit may waive the requirements of this act
under either of the following conditions:
(a) The governing body of the local unit determines, by
resolution, that an emergency situation exists and a firm must be
selected in an expeditious manner.
(b) The cost of the architectural services, engineering
services, or land surveying services for a project is less than
$20,000.00.
Enacting section 1. This act takes effect 90 days after the
date it is enacted into law.
