FLINT, MI – A legal technicality discovered after bidders were chosen to demolish Washington Elementary has caused the Flint Board of Education to rebid the project and push back the demo date.

District partners estimated that the rebid process will set back the move at least a month from its original Oct. 6 demolition date.

It was a split-decision from the board, which voted 4-3 to rebid the demolition project. Joyce Ellis-McNeal, Laura MacIntyre, Melody Relerford and Claudia Perkins all voted in favor of rebidding, while Michael Clack, Dylan Luna and Terae King voted against.

A contractor who bid $680,000 was chosen by the Flint Community Schools administration team at the end of July.

There were six bids submitted, but only four were read because two applications were incomplete, Dave Warner, Clark Construction senior project manager, told the board.

The two bidders were missing familial disclosure statements, which are typically required to be provided with the bid, Clark Construction Vice President Gary Steller said.

“It is fairly unusual not to receive those (disclosure statements) with bids,” Steller said.

After the bid process, Clark Construction clarified with Thrun Law Firm on the demolition bid and were told that the law “does not necessarily apply” to complete demolitions.

However, the district’s bid package states that the form is required, or the district will not accept the bid.

“It is kind of a nuance in the law … under the complete demolition, it is not legally required,” Steller said.

Thrun Law Firm told the district that it was good practice to include familial disclosure statements in all bid packages, regardless of if they are required by law or not, Director of Operations Chris Henderson said.

Board Vice President Joyce Ellis-McNeal first raised concerns about the bid process at the Aug. 9 meeting. She said board members have gotten complaints from independent construction companies in the city.

King attended the bid opening process, and it was executed properly, he said.

“We have to respect the process,” King said.

Due to the familial statement issue, Relerford and Perkins recommended that the board should rebid the project.

Board President Michael Clack asked the board that if both companies failed to submit a familial statement, even if it was required according to the bid package, “why should we stop out process?”

“These two that failed to have this statement, they are reputable organizations, correct? They have been doing this – this isn’t their first go-around. If they failed to have the proper documentation, why should we stop our process?” Clack asked.

Trustee MacIntyre said she feels uncomfortable awarding the first bid after learning of the “extralegal technicality.”

King told the board it’s unfair to the bidders who successfully entered bids in the first round to rebid simply because two bidders failed to submit properly.

FCS is using general funds to complete the demolition.

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