Ferndale School District
Bylaws & Policies
 

6320.01 - AWARD OF CONTRACTS FOR SCHOOL CONSTRUCTION PROJECTS

The Board of Education recognizes that it has a statutory duty, under certain circumstances, to obtain competitive sealed bids for capital projects in order to obtain the benefits of competition in setting the terms, conditions, and prices for such projects. The Board further recognizes, however, that in the course of construction, in particular with regard to projects for remodeling or altering existing building, or constructing additions to existing building, the necessity or desirability of obtaining additional work often arises or becomes apparent only during the course of construction, when further bidding would be impractical and disadvantageous and may not be legally required. The Board also recognizes that to submit all such matters to the Board for prior approval would often result in construction delays and increased costs and damages. The Board, therefore, adopts this policy to assure compliance with statutory bidding requirements while granting the administration the necessary authority and flexibility to deal with changing conditions of construction projects.

 A.A contract for the construction of a new school building, or any part thereof, or of an addition to or repair or renovation of an existing school building, the demolition of an existing school building, or site work related to any of the foregoing, where the cost is in excess of $12,500, as adjusted in accordance with paragraph F shall be awarded only by the Board following advertisement for an receipt of competitive sealed bids in accordance with Section 1267 of the School Code of 1976, as amended.
 B.This policy shall not apply to repairs in emergency situations in which cases the Superintendent, or the designee, is authorized to waive such aspects of the required competitive bidding procedures as shall be deemed necessary under the circumstances, and to award such contracts as may be necessary, while keeping the Board fully informed of all such actions.
 C.A contract modification or change order may be authorized by the Board, without additional bidding, for work incidental to that covered by the original contract or for changes and additions thereto as may be deemed or found to be reasonably necessary in the course of construction.
 D.A contract modification or change order for additional work which is distinct from the work authorized under an existing contract or which would reasonably amount to a new undertaking, having a cost in excess of $12,500, as adjusted in accordance with paragraph F may be authorized only after competitive bidding.
 E.The Superintendent, or designee, is hereby authorized to approve construction contract modification, amendments, or change orders as follows:
  1.A contract modification, change order, or contract price adjustment which will increase the cost of a contract by an amount not in excess of the greater of $12,500, as adjusted in accordance with paragraph F or five (5) percent of the base contract amount, and which is determined necessary to obtain the proper completion of the contract work or to obtain the result sought to be achieved by the contract work, may be authorized by the Superintendent, or the designee, at a cost approved by such official and the School District architect, and reported to the Board at its next meeting.
  2.A contract modification, change order, or contract price adjustment which will increase the cost of the contract by an amount in excess of the greater of $12,500, as adjusted in accordance with paragraph F or five (5) percent of the base contract amount, must be approved by the Board, provided, however, that the Superintendent, or the designee, may authorize such additional work, at a cost approved by such official and the School District architect, upon written determination (a) that such additional work is essential to obtain the proper completion of the work approved by the Board or to obtain the result sought to be achieved by the contract work, and (b) that a delay in approval of the additional work pending submission to the Board would result in unacceptable time delays, interference with School District operations, or would unduly delay other contractors or subcontractors from working. Approval from the Superintendent, or the designee, shall follow a review of the situation with the President of the Board or the Vice-President in the event of the absence or unavailability of the President. The Board shall be fully informed of all actions taken pursuant to this subsection, and the underlying circumstances requiring such actions, at its next meeting.
 F.The $12,500 amount used in this policy shall be adjusted each year in accordance with the formula specified in Act 159 of the Public Acts of 1990, from and after the effective date of that act. The administration shall, from time to time, advise the Board of the new base amount.

Adopted 1/28/02