reglab/statecodes huggingface dataset:
Michigan Administrative Code › Department - Transportation › Aeronautics Commission › Aeronautics Commission General Rules › Part 17 - DEALERS AND MANUFACTURERS › Section R. 259.372 - Place of business; requirements

Current through Vol. 24-12, July 15, 2024
Rule 372.
(1) An applicant for an aircraft dealer's or manufacturer's license shall occupy a place of business with facilities appropriate to the conduct of business matters and the preparation and preservation of business records, including a telephone.
(2) A licensee shall notify the commission of any change in location of his or her place of business.
(3) The facilities of a licensee shall meet pertinent requirements of other state laws, including ordinances of political subdivisions having jurisdiction.
Michigan Administrative Code › Department - Transportation › Aeronautics Commission › Aeronautics Commission General Rules › Part 17 - DEALERS AND MANUFACTURERS › Section R. 259.373 - Sales tax license required

Current through Vol. 24-12, July 15, 2024
Rule 373.
(1) An applicant for an aircraft dealer's or manufacturer's license shall possess a Michigan sales tax license at all times. The licensee shall conform to all applicable provisions of Act No. 122 of the Public Acts of 1941, as amended, being S205.1 et seq. of the Michigan Compiled Laws.
(2) An applicant or licensee shall provide the commission with the sales tax license number assigned by the state and any other pertinent information which would allow the commission to determine lawful use of the license.
Michigan Administrative Code › Department - Transportation › Aeronautics Commission › Aeronautics Commission General Rules › Part 17 - DEALERS AND MANUFACTURERS › Section R. 259.377 - Transfer of possession or control of aircraft; application for registration

Current through Vol. 24-12, July 15, 2024
Rule 377.
(1) A dealer or manufacturer shall apply to the commission for aircraft registration before transferring possession or control of an aircraft to a purchaser.
(2) A purchaser shall sign the application for registration and any other necessary papers which enable the dealer or manufacturer to apply for the registration of the aircraft.
(3) An application shall be accompanied by the required fee as provided in R 259.223(2).
(4) An application for registration required pursuant to this rule shall be submitted to the commission not later than 15 days after the transfer of possession or control of an aircraft to a purchaser.
Michigan Administrative Code › Department - Transportation › Aeronautics Commission › Aeronautics Commission General Rules › Part 18 - HEARINGS BY THE COMMISSION › Section R. 259.381 - Location and notice

Current through Vol. 24-12, July 15, 2024
Rule 381. Hearings by the commission shall be conducted in accordance with Act No. 197 of the Public Acts of 1952, as amended, being SS24.101 to 24.110 of the Michigan Compiled Laws. Unless otherwise indicated, a hearing shall be held in the offices of the commission, Capital City Airport, Lansing, Michigan. A hearing notice shall be given by registered mail, and shall state the date, time, place, issues involved, and reason for conducting the hearing. The notice shall be mailed at least 20 days prior to the date set for hearing.
Michigan Administrative Code › Department - Transportation › Aeronautics Commission › Aeronautics Commission General Rules › Part 18 - HEARINGS BY THE COMMISSION › Section R. 259.382 - Adjournments and continuances

Current through Vol. 24-12, July 15, 2024
Rule 382. A hearing shall not be adjourned or continued except upon order of the commission, or its duly authorized hearings representative. A request for adjournment or continuance shall be in writing, stating concisely the reasons why it is required, and be filed at least 10 days prior to the date set for hearing, or sufficient showing made that reasons beyond the control of the party making such request prevented such filing.
Michigan Administrative Code › Department - Transportation › Aeronautics Commission › Aeronautics Commission General Rules › Part 18 - HEARINGS BY THE COMMISSION › Section R. 259.383 - Appearances and defaults

Current through Vol. 24-12, July 15, 2024
Rule 383. A party may appear in person or by a duly authorized representative or attorney. If a party fails to appear after proper service of notice, and if no adjournment is granted, the commission may proceed with the hearing and make its decisions in the absence of the party.
Michigan Administrative Code › Department - Transportation › Aeronautics Commission › Aeronautics Commission General Rules › Part 18 - HEARINGS BY THE COMMISSION › Section R. 259.384 - Pleadings, briefs, and stipulations

Current through Vol. 24-12, July 15, 2024
Rule 384.
(1) A party requesting a hearing shall submit to the commission in writing a fair and accurate statement of the reasons therefor, the facts and issues involved, and may file a brief upon the law. Allegations of fact recited in the statement may be accepted by the commission as evidence, unless a written answer is filed denying such facts or unless a party asserts affirmative defenses in his answer.
(2) A proper party may file a written answer to charges or claims made, or may present an oral statement at the time of hearing. Copies of statements, written pleadings and briefs of any party shall be served on the commission, and upon all other proper parties at least 10 days prior to the date set for hearing.
(3) The parties to any proceeding before the commission, by written stipulation filed with the commission, may agree upon any issues of fact involved in the controversy, and the stipulation may be accepted and used as evidence at the hearing.
Michigan Administrative Code › Department - Transportation › Aeronautics Commission › Aeronautics Commission General Rules › Part 19 - GENERAL PROVISIONS AND RESCISSION › Section R. 259.391 - Waiver of rules

Current through Vol. 24-12, July 15, 2024
Rule 391. The commission may, at its discretion, waive compliance with these rules and regulations in connection with any particular application when, after a hearing, waiver is found to be required by circumstances or conditions and is determined to be in the public interest.
Michigan Administrative Code › Department - Transportation › Aeronautics Commission › Aeronautics Commission General Rules › Part 19 - GENERAL PROVISIONS AND RESCISSION › Section R. 259.399 - Rescission of prior rules

Current through Vol. 24-12, July 15, 2024
Rule 399. Rules 1.0 to 10.0 of the General Rules of the commission as amended, being R 259.101 to R 259.200 of the Michigan Administrative Code, and appearing on pages 349 to 365 of the 1957 Supplement to the Code, and pages 2790 and 2791 of the 1963 Annual Supplement to the Code, and pages 11 and 12 of Supplement No. 50 to the Code, are rescinded.
Michigan Administrative Code › Department - Transportation › Aeronautics Commission › Aeronautics Commission General Rules › Part 20 - SEAPLANE OPERATIONS › Section R. 259.401 - Seaplane Operations

Current through Vol. 24-12, July 15, 2024
Rule 401
(1) As used in this rule:
(a) "Waterway" means any waterway which is navigable and available for use under the public trust doctrine. This rule does not authorize the use of seaplanes in a manner or location which would violate the property rights of another person.
(b) "Seaplane" means an aircraft which is capable of landing and taking off on the water.
Michigan Administrative Code › Department - Transportation › Aeronautics Commission › Aeronautics Commission General Rules › Part 20 - SEAPLANE OPERATIONS › Section R. 259.248 - Unimproved airstrip airports

Current through Vol. 24-12, July 15, 2024
Rule 248.
(1) An unimproved airstrip public airport license shall be granted if all of the following minimum services and facilities are provided and maintained:
(a) Have an airport manager licensed by the commission.
(b) At least 1 runway equipped with a 1,200-foot landing length in each direction from a clear approach slope of 20:1 and a 50-foot usable width with an additional 25-foot minimum width on each side which is free of obstructions.
(c) An approach slope at a ratio of 20:1 with a width of not less than 100 feet. The approach slope shall be based on a clearance of all objects within the approach area, including a roadway clearance of 15 feet or 17 feet over an interstate highway and a railway clearance of 23 feet. Runway lights shall not be considered obstructions in the runway width required to be free of obstructions.
(d) A permanent monument established on the centerline at or beyond each end of the runway.
(e) A runway that is well defined by mowing, use of markers, or low peripheral farming with clearly marked displaced thresholds.
(f) A wind cone.
Michigan Administrative Code › Department - Transportation › Aeronautics Commission › Airport Development Loans › Section R. 259.801 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 1. As used in these rules:
(a) "Act" means Act No. 107 of the Public Acts of 1969, as amended, being S259.251 et seq. of the Michigan Compiled Laws.
(b) "Air carrier airport" means a facility receiving scheduled air service from certified air carriers licensed under the provisions of 14 C.F.R. S121.1 et seq.
(c) "Commission" means the Michigan aeronautics commission.
(d) "Commission staff" means the Michigan department of transportation, bureau of aeronautics.
(e) "Fundamental development item" means an item necessary to serve the public and the aircraft under safe and satisfactory conditions.
(f) "Loan agreement" means the document signed by the sponsor and commission which specifies the terms and conditions of a loan.
(g) "Non-air carrier airport" means a facility that does not receive scheduled air service from certified air carriers.
(h) "Publicly owned airport" means a facility owned and operated by a legally distinct political subdivision of the state of Michigan.
(i) "Sponsor" means a legally distinct political subdivision of the state of Michigan which owns an airport.
(j) "State airport system plan" means a continuously updated 20-year plan which is compiled by the Michigan aeronautics commission and which identifies airport development projects that are eligible for state funding.
Michigan Administrative Code › Department - Transportation › Aeronautics Commission › Airport Development Loans › Section R. 259.802 - Loan eligibility and priorities

Current through Vol. 24-12, July 15, 2024
Rule 2.
(1) A publicly owned airport listed in the current state airport system plan or a community which does not have a publicly owned airport but is listed in the current state airport system plan shall be eligible for state loan funds.
(2) State loan funds shall be allocated according to a priority system so as to maximize effectiveness.
(3) Project funding shall be based on the following priorities:
(a) A project at a non-air carrier airport which upgrades an airport to minimum requirements, as described in the fundamental development items, shall have first priority.
(b) A project at a non-air carrier airport involving items not defined as fundamental development items shall have second priority.
(c) A project at an air carrier airport shall have third priority.
Michigan Administrative Code › Department - Transportation › Aeronautics Commission › Airport Development Loans › Section R. 259.803 - Loan applications

Current through Vol. 24-12, July 15, 2024
Rule 3.
(1) A publicly owned airport sponsor shall initiate a loan request with a letter of application signed by a responsible official. The letter of application shall briefly describe the proposed improvement project.
(2) An application shall be sent to the Michigan Aeronautics Commission, Capital City Airport, Lansing, Michigan 48906.
Michigan Administrative Code › Department - Transportation › Aeronautics Commission › Airport Development Loans › Section R. 259.804 - Commission studies and approval

Current through Vol. 24-12, July 15, 2024
Rule 4.
(1) The aeronautics commission staff shall conduct a feasibility study of the proposed project upon receipt of the sponsor's application. In conducting its study, the commission shall consider the following factors:
(a) Projected future growth in the airport service area.
(b) Engineering design of the project.
(c) Total cost of the project.
(d) Financial ability of the sponsor to carry out the project.
(e) Term of the loan.
Michigan Administrative Code › Department - Transportation › Aeronautics Commission › Airport Development Loans › Section R. 259.805 - Legal opinion of sponsor's loan commitment authority required; loan amount, interest rate, and maturity; principal and interest payments

Current through Vol. 24-12, July 15, 2024
Rule 5.
(1) A public sponsor shall execute the required documents and shall provide the aeronautics commission with a legal opinion, rendered by an attorney representing the sponsor, on the legal authority of the sponsor to request and commit to a loan. The attorney's opinion shall be dated after the date shown on the loan application.
(2) A loan shall be made in an amount, at an interest rate, and with a maturity, as provided for by the act.
(3) Payments of principal and interest shall be paid promptly pursuant to covenants of the loan agreement at the Financial Services Division, Michigan Department of Transportation, 425 West Ottawa Street, P.O. Box 30050, Lansing, Michigan 48909.
Michigan Administrative Code › Department - Transportation › Aeronautics Commission › Airport Development Loans › Section R. 259.806 - Airport maintenance required; adherence to amortization schedule required; loan default

Current through Vol. 24-12, July 15, 2024
Rule 6.
(1) The airport sponsor shall adhere to the maintenance requirements specified in the loan agreement. These covenants shall be enforced by the aeronautics commission staff.
(2) The airport sponsor shall adhere strictly to the amortization schedule.
(3) A sponsor shall be held in default and shall be required to immediately repay the outstanding loan balance if loan payments are not made on a timely basis or if the airport is not maintained in accordance with loan agreement specifications.
Michigan Administrative Code › Department - Transportation › Bureau of Finance › Administrative Rules Governing Prequalification of Construction Contractors › Part 1 - GENERAL PROVISIONS › Section R. 247.11 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 11. As used in these rules:
(a) "Bidder" means a sole proprietor, a partnership, a corporation, or a combination thereof that seeks to perform work for the department. When a combination of any of the entities is prequalified, it shall be prequalified as only 1 bidder which may act through an authorized representative.
(b) "Contractor" means a bidder that has been awarded a contract to perform construction, maintenance, or repair work for the department.
(c) "Day" means a calendar day.
(d) "Department" means the Michigan department of transportation.
(e) "Director" means the principal executive officer of the department.
(f) "Net financial rating" means the dollar amount equal to the bidder's overall financial rating less its work on hand.
(g) "Numerical rating" means the maximum dollar amount for a specific work classification for which a bidder may submit a bid.
(h) "Overall financial rating" means the overall dollar amount for which a bidder is prequalified and represents the maximum amount of work in which the bidder may be engaged for any entity.
(i) "Prequalification appeal board" means 3 employees of the department who are assigned to consider and make the final decision of the department on an appeal of a prequalification decision under part 8 of these rules.
(j) "Prequalification application" means the forms developed by the department to elicit the information needed to prequalify bidders. The prequalification application for a specific bidder includes the forms and the information and documentation provided by the bidder to obtain prequalification.
(k) "Prequalification committee" means a group of employees of the department who are assigned to review all bidders' prequalification ratings, as well as any performance issues of the contractors.
(l) "Prequalification manager" means the department employee assigned to perform the responsibilities of the prequalification manager as delegated to him or her under these rules. The prequalification manager may consult with other persons in carrying out the assigned responsibilities.
(m) "Prequalification review panel" means 3 employees of the department who are assigned to conduct informal review of a prequalification decision under part 8 of these rules in an effort to resolve the differences.
(n) "Work classification" means a specific category of work as defined in the prequalification application.
(o) "Work on hand" means the total uncompleted work for which the bidder is a prime contractor or subcontractor, excluding any work that the bidder has subcontracted to other contractors.
Michigan Administrative Code › Department - Transportation › Bureau of Finance › Administrative Rules Governing Prequalification of Construction Contractors › Part 2 - PREQUALIFICATION COMMITTEE › Section R. 247.21 - General duties

Current through Vol. 24-12, July 15, 2024
Rule 21.
(1) The prequalification committee shall review the overall financial ratings, all classifications and numeric ratings of bidders for the department's construction, maintenance, or repair work.
(2) The 4 major factors used in arriving at these ratings are as follows:
(a) The bidder's financial resources and related information.
(b) The bidder's experience, including that of key personnel on work of a similar nature.
(c) The bidder's past performance.
(d) Availability of equipment and facilities which the bidder proposes to use on the department's work.
Michigan Administrative Code › Department - Transportation › Bureau of Finance › Administrative Rules Governing Prequalification of Construction Contractors › Part 2 - PREQUALIFICATION COMMITTEE › Section R. 247.22 - Action by prequalification committee

Current through Vol. 24-12, July 15, 2024
Rule 22.
(1) The prequalification committee shall review a bidder's application and other relevant information for any of the following:
(a) Initial prequalification.
(b) Renewal of prequalification.
(c) Reconsideration of prequalification previously granted, after receipt of information justifying an interim review.
Michigan Administrative Code › Department - Transportation › Bureau of Finance › Administrative Rules Governing Prequalification of Construction Contractors › Part 3 - INFORMATION FROM BIDDERS › Section R. 247.32 - Filing forms; statements; period of effect for prequalification; extension of filing time

Current through Vol. 24-12, July 15, 2024
Rule 32.
(1) The department is not required to consider a prequalification application unless it is submitted not less than 15 days before the date of bid submittal for a project on which the bidder desires to bid.
(2) The prequalification application shall include a financial statement as of the close of the bidder's most recent fiscal year, except as noted in R 247.32(4). An interim financial statement will not be accepted.
(3) An application for renewal of prequalification shall be submitted within 4 months after the close of the bidder's fiscal year, except as noted in R 247.32(4).
(4) Subject to its modification or revocation as provided in these rules, prequalification shall be in effect for 16 months from the date of the fiscal year end reported by the bidder, and on which prequalification is based, for those bidders who have an overall prequalification rating of less than $10,000,000.00. For those bidders who have an overall financial rating greater than $10,000,000.00, prequalification shall be in effect for 28 months from the date of the fiscal year end reported by the bidder. Any significant changes must be reported in accordance with R 247.34(3). If the circumstances are found by the department to warrant more frequent review of a bidder's qualifications, the department may require any bidder to request prequalification on a yearly basis.
(5) A bidder may submit a written request for an extension of time to submit an application for renewal of prequalification. The request shall document the reason for the request. The request must be received on or before the bidder's expiration date. If approved, the extension shall not be for more than 60 days.
(6) A statement reporting work on hand shall be submitted as required by R 247.43.
Michigan Administrative Code › Department - Transportation › Bureau of Finance › Administrative Rules Governing Prequalification of Construction Contractors › Part 3 - INFORMATION FROM BIDDERS › Section R. 247.34 - Audit, review, and verification of the financial statements

Current through Vol. 24-12, July 15, 2024
Rule 34.
(1) A bidder applying for an overall financial rating of greater than $2,000,000.00, in addition to completing the financial statement portions of the prequalification application, shall submit a copy of its most recent audited financial statement as of the close of the bidder's fiscal year, which date shall be the same fiscal year date stated on the prequalification application. At a minimum, the audited financial statement shall include all of the following that reflect the accounting theory and practice employed by the bidder:
(a) An independent certified public accountant's audit report.
(b) A balance sheet.
(c) An income statement.
(d) A statement of cash flows.
(e) Appropriate notes. If the certified public accountant cannot express an opinion as to the overall fairness of the financial statement, the bidder's prequalification for work may be limited to $2,000,000.00. If an opinion contains qualifications which are material in the judgment of the prequalification committee, the items may be disallowed for prequalification purposes.
Michigan Administrative Code › Department - Transportation › Bureau of Finance › Administrative Rules Governing Prequalification of Construction Contractors › Part 3 - INFORMATION FROM BIDDERS › Section R. 247.36 - Statement of accounting method and basis

Current through Vol. 24-12, July 15, 2024
Rule 36.
(1) The prequalification application shall require a statement of the accounting method used by the bidder in keeping its financial records, including the basis (percentage of completion or completed contract method) followed in accounting for its construction contracts.
(2) A bidder accounting for its construction contracts on a basis other than the percentage of completion or the completed contract method shall obtain approval, in writing, by the prequalification committee, before submission of the bidder's prequalification application.
Michigan Administrative Code › Department - Transportation › Bureau of Finance › Administrative Rules Governing Prequalification of Construction Contractors › Part 3 - INFORMATION FROM BIDDERS › Section R. 247.37 - Supplemental statements

Current through Vol. 24-12, July 15, 2024
Rule 37.
(1) A bidder who maintains accounting records on a cash basis shall submit a record of assets and liabilities on an accrual basis on the schedule provided in the prequalification application.
(2) A bidder who maintains accounting records on an accrual basis using the completed contract method has the option of submitting a supplemental statement on the schedule provided in the prequalification application which adjusts the completed contract method to the percentage of completion method for prequalification rating. However, the bidder shall obtain approval of the prequalification committee to report using an accounting method other than the method used in maintaining its accounting records. Once having exercised the option, the bidder shall not change the method of reporting without written approval by the prequalification committee.
Michigan Administrative Code › Department - Transportation › Bureau of Finance › Administrative Rules Governing Prequalification of Construction Contractors › Part 3 - INFORMATION FROM BIDDERS › Section R. 247.38 - Equipment, experience, and key personnel

Current through Vol. 24-12, July 15, 2024
Rule 38. As part of the prequalification application, the bidder shall submit evidence of all of the following:
(a) The availability of equipment required to perform work in the classifications for which the bidder seeks approval.
(b) Experience of its key qualified personnel who will provide field supervision of the work in the classifications for which the bidder seeks approval.
(c) Experience of the company or principals of the company, or both, in the work classifications requested.
Michigan Administrative Code › Department - Transportation › Bureau of Finance › Administrative Rules Governing Prequalification of Construction Contractors › Part 3 - INFORMATION FROM BIDDERS › Section R. 247.40 - Audits; investigations; comparisons

Current through Vol. 24-12, July 15, 2024
Rule 40.
(1) The director or director's designee, may perform or designate auditors to perform audits of the financial records or investigate any items regarding prequalification of a bidder.
(2) The prequalification committee may cause comparative reviews to be made at any time between the bidder's prequalification application and any reports submitted by the bidder with other departments of the state based upon the bidder's financial records. The information obtained may be used to modify or revoke the bidders prequalification.
Michigan Administrative Code › Department - Transportation › Bureau of Finance › Administrative Rules Governing Prequalification of Construction Contractors › Part 4 - NUMERICAL RATINGS › Section R. 247.41 - Factors applied to assets

Current through Vol. 24-12, July 15, 2024
Rule 41. The assets as determined from the financial statement shall be used in computing the overall financial rating of a bidder by use of the sum of the following:
(a) Working capital, either positive or negative, multiplied by 9.
(b) Depreciation expense on construction and transportation equipment in the amount of 1&frac12 times this allowable amount of depreciation, as recorded on the bidder's books of account and also shown in the space provided in the prequalification questionnaire for the same fiscal year as covered by the prequalification statement, multiplied by 9.
(c) Net construction and transportation equipment values multiplied by 4. This value is the bidder's equity in such equipment less the long term portion of the obligation on this equipment.
Michigan Administrative Code › Department - Transportation › Bureau of Finance › Administrative Rules Governing Prequalification of Construction Contractors › Part 4 - NUMERICAL RATINGS › Section R. 247.42 - Ratings

Current through Vol. 24-12, July 15, 2024
Rule 42. The overall financial rating is expressed as a number truncated to the number of thousands for purposes of identifying a numerical rating in any given work classification. For example, an overall financial rating of $1,000,000.00 is converted to 1,000, a financial rating of $1,105,000.00 is converted to 1,105, and a financial rating of $10,000.00 is converted to 10. Bidders may be given a full numerical rating, which is equal to the bidder's overall financial rating, or a partial numerical rating, contingent upon the results of an evaluation of the bidder being made by the department under these rules.
Michigan Administrative Code › Department - Transportation › Bureau of Finance › Administrative Rules Governing Prequalification of Construction Contractors › Part 4 - NUMERICAL RATINGS › Section R. 247.43 - Work allowed

Current through Vol. 24-12, July 15, 2024
Rule 43.
(1) A bidder desiring to bid on department projects shall submit to the department, on a department form, a statement reporting work on hand. The form shall be received in the department contract office in accordance with the schedule provided by the department. Bidders failing to submit the form with all required information, and as provided in these rules, are not eligible to bid.
(2) A bidder will not be permitted to bid on projects requiring a rating greater than its net financial rating.
(3) To determine a bidder's net financial rating, the department may make deductions from the dollar amount of the bidder's work on hand, to account for work that is scheduled to be performed in future years. Based upon current, approved or verified progress schedules, the department may, at the request of the bidder, deduct up to 50% of the dollar amount of work to be performed in years subsequent to the year when the project to be bid is to commence. The department is not required to make the deductions and will exercise its judgment in the review of progress schedules to assure that bidders have adequate net financial rating to bid and to perform the work.
Michigan Administrative Code › Department - Transportation › Bureau of Finance › Administrative Rules Governing Prequalification of Construction Contractors › Part 4 - NUMERICAL RATINGS › Section R. 247.48 - Current asset accounts

Current through Vol. 24-12, July 15, 2024
Rule 48. The following current asset accounts will be used by the prequalification committee in determining the net working capital of a bidder:
(a) Cash.
(b) Readily marketable securities; that is, securities that are verified by the certified public accountant and that represent investments of cash that are available for current operations, excluding investments in affiliated companies.
(c) The following receivables:
(i) Billed or accrued trade accounts receivable less allowance for doubtful accounts. Receivables due from joint venture affiliates, officers, employees, affiliated companies and any related parties are also excluded from receivables.
(ii) Notes receivable, that is, notes due within 1 year, excluding notes due from officers, employees, affiliated companies, and any related parties.
(iii) Interest and dividends receivable, excluding interest or dividends due from affiliated companies, officers, employees, and any related parties.
Michigan Administrative Code › Department - Transportation › Bureau of Finance › Administrative Rules Governing Prequalification of Construction Contractors › Part 4 - NUMERICAL RATINGS › Section R. 247.49 - Current liability accounts

Current through Vol. 24-12, July 15, 2024
Rule 49. All of the following current liability accounts that are payable within 1 year will be used by the prequalification committee in determining the net working capital of a bidder:
(a) Notes payable to banks.
(b) Notes or contracts payable on construction equipment, except notes due officers, employees, affiliated companies, and any related parties.
(c) Accounts payable to subcontractors and trade accounts, except accounts payable to officers, employees, affiliated companies, and any related parties.
(d) Accrued expenses as follows:
(i) Include wages, payroll taxes, and fringe benefits.
(ii) Exclude interest payable to officers, employees, affiliated companies, and any related parties.
Michigan Administrative Code › Department - Transportation › Bureau of Finance › Administrative Rules Governing Prequalification of Construction Contractors › Part 4 - NUMERICAL RATINGS › Section R. 247.50 - Equipment

Current through Vol. 24-12, July 15, 2024
Rule 50.
(1) If a bidder owns new, used or rebuilt construction equipment, the purchase price will be allowed in computing the bidder's equipment value and be credited as a fixed asset. For each year after purchase of the equipment, the annual depreciation charge will be deducted from the purchase price in computing book value.
(2) At the written request of the bidder, the prequalification committee may consider the use of an appraised valuation but only when the appraisal is prepared and certified by an appraisal firm acceptable to the department. The appraisal shall be as of the close of the bidder's fiscal year and will be applicable for the prequalification rating period which applies for the application with which it was submitted. The appraised value may be used as the basis for equipment value for a second year only if a statement is submitted by the independent certified public accountant who completed the audit or review and if the statement indicates that the equipment inventory items are the same as the items in the appraised inventory for the previous year or explains in detail any changes to the inventory. A bidder may compute the current value of equipment for the purpose of prequalification using the straight line method of depreciation if the bidder submits a schedule of depreciation in detail and form as required by the department together with the prequalification application.
(3) The value of the construction and transportation equipment for the purpose of computing the overall financial rating will be the book value of the equipment as shown under fixed assets less any long-term portion of notes or contracts payable on the equipment. If an appraisal is included with the prequalification application, the appraisal will be taken into consideration in the calculation of the equipment value by comparing the net book value to the appraised fair market value and the difference added to the net book value of the equipment. The value is then multiplied in accordance with R 247.41.
Michigan Administrative Code › Department - Transportation › Bureau of Finance › Administrative Rules Governing Prequalification of Construction Contractors › Part 5 - CLASSIFICATION OF BIDDERS › Section R. 247.51 - Work classifications

Current through Vol. 24-12, July 15, 2024
Rule 51. The department shall identify work classifications for which it is anticipating the need for bidders. The work classifications will be listed in the prequalification application. The bidder shall identify the work classification or classifications for which it is requesting prequalification when submitting a prequalification application.
Michigan Administrative Code › Department - Transportation › Bureau of Finance › Administrative Rules Governing Prequalification of Construction Contractors › Part 5 - CLASSIFICATION OF BIDDERS › Section R. 247.52 - Original and additional work classifications

Current through Vol. 24-12, July 15, 2024
Rule 52. A bidder will be classified for types of work on the basis of its experience and resources at the time of filing the prequalification application. When additional experience or resources have been obtained, the bidder may submit information for consideration by the prequalification committee to add work classifications or increase a numerical rating.
Michigan Administrative Code › Department - Transportation › Bureau of Finance › Administrative Rules Governing Prequalification of Construction Contractors › Part 5 - CLASSIFICATION OF BIDDERS › Section R. 247.53 - Duplicate work classifications

Current through Vol. 24-12, July 15, 2024
Rule 53.
(1) A bidder shall indicate, on the prequalification application, whether the bidder is a partnership, a sole proprietorship, or a corporation. If the bidder is a corporation, the application shall include the names and addresses of all officers and directors. The application shall also include the names and addresses of all persons owning more than 10% of any class of stock in the bidder and in any other prequalified or prequalifying corporation and the nature of the interest shall be described. A bidder shall further disclose, on the prequalification application, the names, addresses, and assumed names of any owner, partner or holder of more than 10% of any class of stock that is acting under an assumed name. When a person is a director, partner, or officer, or has a financial interest in 2 or more bidders, the work classifications for which the bidders may be qualified shall not be duplicated, if the prequalification committee determines that the duplication would have a detrimental effect on the department.
(2) When a bidder or a director, officer, or partner of a bidder has a financial interest in any other bidder who is prequalified or is seeking to become prequalified, the name of the other bidder shall be provided to the department and the nature of the interest shall be described.
Michigan Administrative Code › Department - Transportation › Bureau of Finance › Administrative Rules Governing Prequalification of Construction Contractors › Part 6 - BIDDING › Section R. 247.61 - Bidding procedure

Current through Vol. 24-12, July 15, 2024
Rule 61.
(1) The department may disclose the engineer's estimate as a part of the advertisement of any project, or may withhold the engineer's estimate until the contract is awarded. To bid on, or receive award of, any project advertised by the department, the bidder shall be prequalified in the required prime work classification or classifications with a numerical rating and a net financial rating equal to or greater than the rating for the project. Ratings in the work classifications are not cumulative. If the department elects to withhold the engineer's estimate at the time of the advertisement, the department will limit bidding and consideration for possible award to only those bidders that have a numerical rating and a net financial rating equal to or greater than the engineer's estimate.
(2) The department will identify the required work classification or classifications when a project for bidding is advertised. If the work is not among the listed work classifications, the department may make a new or project specific evaluation of bidder qualifications to determine suitable bidders for the work, or may waive the prequalification requirement.
(3) A prequalified bidder who has a sufficient net financial rating and numerical rating and has met the requirements of R 247.43 as of the close of business on the day preceding the deadline for the submittal of bids is eligible to submit a bid.
(4) If a bidder is low on 2 or more projects, the total of which exceeds its net financial rating, the department shall select the project or projects for award to the bidder which will give the best financial advantage to the department.
(5) The department may decline to award a contract to a prequalified bidder, and award the contract to the next lowest responsive bidder, if proceedings have been initiated to reduce, suspend, or revoke the bidder's prequalification and the department determines that delay in awarding the contract would be detrimental to the public interest.
Michigan Administrative Code › Department - Transportation › Bureau of Finance › Administrative Rules Governing Prequalification of Construction Contractors › Part 6 - BIDDING › Section R. 247.62 - Joint bidding

Current through Vol. 24-12, July 15, 2024
Rule 62.
(1) Each bidder shall have a sufficient net financial rating to perform the work that it proposes to do. Two, but not more than 3, bidders may bid jointly on a project without declaring their intention to do so before the submittal of bids, if each bidder has a net financial rating and numerical rating equal to or greater than the total required for the project and has met the requirements of R 247.43. All other joint ventures shall request department approval to bid as a joint venture not later than 5:00 p.m. on the day preceding the letting date for which the request is being made.
(2) The joint venture request form shall identify one of the entities as having responsibility for overall administration of the project.
(3) All parties in a joint venture will be held accountable for appropriate execution of the contract.
(4) Each party in a joint venture may be subject to changes in its overall financial rating or numerical ratings, or both, in accordance with R 247.22.
Michigan Administrative Code › Department - Transportation › Bureau of Finance › Administrative Rules Governing Prequalification of Construction Contractors › Part 8 - APPEAL OF PREQUALIFICATION DECISIONS › Section R. 247.81 - Informal meeting with prequalification manager

Current through Vol. 24-12, July 15, 2024
Rule 81.
(1) A bidder may submit a written request, within 14 days after the date of a decision to deny, decrease, suspend, or revoke prequalification, for a meeting with the prequalification manager to discuss the decision and to seek its modification.
(2) If the bidder fails to submit a written request for a meeting in a timely manner, then the decision of the prequalification committee is final and not subject to further contest or appeal.
(3) If a meeting is requested in a timely manner, then the prequalification manager shall meet with the bidder to seek a resolution of the differences. The prequalification manager may have other department employees or representatives attend and participate in the meeting. The prequalification manager may seek agreement on an improvement plan.
(4) After the meeting and any further review by the prequalification manager, in consultation with department employees or representatives, the prequalification manager shall make a decision on the appeal and give the bidder written notice of the decision. The prequalification manager may impose an improvement plan as part of the decision.
Michigan Administrative Code › Department - Transportation › Bureau of Finance › Administrative Rules Governing Prequalification of Construction Contractors › Part 8 - APPEAL OF PREQUALIFICATION DECISIONS › Section R. 247.82 - Informal review of the prequalification decision; review panel

Current through Vol. 24-12, July 15, 2024
Rule 82.
(1) A bidder may submit a written request, within 14 days after a final decision under R 247.81, for a meeting with the prequalification review panel to discuss the decision of the prequalification manager and to seek its modification by the panel.
(2) If the bidder fails to submit a written request for a meeting in a timely manner, the decision of the prequalification manager is final and not subject to further contest or appeal.
(3) If a meeting is requested in a timely manner, the review panel, comprised of 3 staff appointed by the department director, shall meet with the bidder and conduct an informal inquiry and review of the prequalification decision and its basis. The review panel may seek agreement on an improvement plan.
(4) If an agreement is not reached, the panel may modify, confirm, or impose an improvement plan as part of its decision. The panel shall make its decision after the meeting and any further review and consultation with department employees and representatives.
(5) The panel shall give the bidder written notice of its decision within 30 days of the final meeting with a bidder.
Michigan Administrative Code › Department - Transportation › Bureau of Finance › Administrative Rules Governing Prequalification of Construction Contractors › Part 8 - APPEAL OF PREQUALIFICATION DECISIONS › Section R. 247.83 - Appeal to prequalification appeal board

Current through Vol. 24-12, July 15, 2024
Rule 83.
(1) A bidder may submit a written appeal to the prequalification appeal board within 14 days after a decision under R 247.82.
(2) A contested case hearing shall then be scheduled and conducted in accordance with 1969 P.A. 306, MCL 24.201 et seq.
(3) An administrative law judge will conduct the hearing and may choose to consult with the board during the course of the proceedings. The administrative law judge shall prepare a proposal for decision, for approval and issuance by the board. The board retains the authority to decide any disputed issue.
(4) The decision of the prequalification appeal board constitutes the final decision of the department. An appeal may be submitted in a timely manner from an adverse decision under section 103 of 1969 P.A. 306, MCL 24.303.
Michigan Administrative Code › Department - Transportation › Bureau of Highway Development › Junk Yards Adjacent to Highways › Section R. 247.101 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 1.
(1) The words and phrases defined in the act have the same meaning when used in these rules.
(2) "Act" means Act No. 219 of the Public Acts of 1966, being SS252.201 to 252.211 of the Michigan Compiled Laws.
(3) "Department" means the department of state highways.
(4) "Industrial activity" means an activity generally recognized as an industrial activity by the zoning authorities in this state, except that none of the following shall be considered an industrial activity:
(a) Outdoor advertising structures.
(b) Agricultural, forestry, ranching, grazing, farming and related activities, including, but not limited to, wayside fresh produce stands.
(c) Activities normally and regularly in operation less than 3 months of the year.
(d) Transient or temporary activities.
(e) Activities not visible from the traffic lanes of the main traveled way.
(f) Activities more than 300 feet from the nearest edge of the main traveled way.
(g) Activities conducted in a building principally used as a residence.
(h) Railroad tracks, minor sidings and passenger depots.
(i) Junk yards, as defined in 23 U.S.C. S136.
Michigan Administrative Code › Department - Transportation › Bureau of Highway Development › Junk Yards Adjacent to Highways › Section R. 247.102 - Inventory of junk yards and review

Current through Vol. 24-12, July 15, 2024
Rule 2.
(1) An inventory of existing junk yards within 1,000 feet of the nearest edge of the right-of-way of all interstate and primary highways will be established by the department. The department may make additions to or exclusions from the inventory on receipt of satisfactory information substantiating the desirability of such changes.
(2) Junk yard sites appearing on the inventory that are not in compliance with the act will be considered for screening, relocation of junk material, or removal after a determination has been made as to the status of each site with regard to junk yard control factors established by law and rules.
(3) Junk yard sites along highways determined in the future to be interstate or primary highways, and not now so designated, will be within the controls of the act. Such junk yard sites will be considered for screening, relocation, or removal if they meet all the conditions set forth in R 247.103.
Michigan Administrative Code › Department - Transportation › Bureau of Highway Development › Junk Yards Adjacent to Highways › Section R. 247.103 - Junk yards subject to control

Current through Vol. 24-12, July 15, 2024
Rule 3. Junk yard sites meeting all of the following conditions are subject to control:
(a) Those within 1,000 feet from the nearest edge of the right-of-way of an interstate or primary highway.
(b) Those not located within areas zoned industrial by law.
(c) Those not located within areas determined to be unzoned industrial areas.
(d) Those which are visible from the main traveled way of an interstate or primary highway.
(e) Those which are not adequately screened as determined by the department.
(f) Those containing 10 or more wrecked or partially dismantled automobiles or other junk materials.
Michigan Administrative Code › Department - Transportation › Bureau of Highway Development › Junk Yards Adjacent to Highways › Section R. 247.104 - Review and determination of type of control

Current through Vol. 24-12, July 15, 2024
Rule 4. A junk yard site subject to control will be reviewed by the department to determine:
(a) The physical possibility of adequately screening the site from visibility from the main traveled way of the highway.
(b) If the site is screenable, the most practical and economic type of screening and the location of such screening. Sites to be screened will be so determined after evaluation of the following:
(i) Cost of screening.
(ii) Cost of removal of junk to screened location, if possible.
(iii) Cost of removal or relocation of junk yard.