House File 2025 HOUSE FILE BY BAUDLER Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act changing the bid letting requirements for the construction 2 of county bridges. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5072HH 80 5 av/cl/14 PAG LIN 1 1 Section 1. NEW SECTION. 309.39A ADVERTISEMENT AND 1 2 LETTING == BRIDGE CONSTRUCTION. 1 3 All contracts for bridge construction work and materials 1 4 for which the engineer's estimate exceeds one hundred fifty 1 5 thousand dollars, except surfacing materials obtained from 1 6 local pits or quarries, shall be advertised and let at a 1 7 public letting. 1 8 Sec. 2. Section 309.40, Code 2003, is amended to read as 1 9 follows: 1 10 309.40 ADVERTISEMENT AND LETTING == ROAD CONSTRUCTION. 1 11 All contracts for roador bridgeconstruction work and 1 12 materials for which the engineer's estimate exceeds fifty 1 13 thousand dollars, except surfacing materials obtained from 1 14 local pits or quarries, shall be advertised and let at a 1 15 public letting. 1 16 Sec. 3. Section 309.40A, unnumbered paragraph 1, Code 1 17 2003, is amended to read as follows: 1 18 Notwithstanding section 309.39A or 309.40, a county may 1 19 contract for the emergency repair, restoration, or 1 20 reconstruction of a highway or bridge under the county's 1 21 jurisdiction without advertising for bids if all of the 1 22 following conditions are met: 1 23 Sec. 4. Section 309.41, unnumbered paragraph 1, Code 2003, 1 24 is amended to read as follows: 1 25 Contracts not embraced within the provisions of section 1 26 309.39A, 309.40, or 309.40A shall be either advertised and let 1 27 at a public letting; or, where the cost does not exceed the 1 28 engineer's estimate, let through informal bid procedure by 1 29 contacting at least three qualified bidders prior to letting 1 30 the contract. The informal bids received together with a 1 31 statement setting forth the reasons for use of the informal 1 32 procedure and bid acceptance shall be entered in the minutes 1 33 of the board of supervisors meeting at which such action was 1 34 taken. 1 35 Sec. 5. Section 314.1, subsection 2, Code 2003, is amended 2 1 to read as follows: 2 2 2. Notwithstanding any other provision of law to the 2 3 contrary, a public improvement that involves the construction, 2 4 reconstruction, or improvement of a highway, bridge, or 2 5 culvert and that has a cost in excess of the applicable 2 6 threshold in section 73A.18, 262.34, 297.7, 309.39A, 309.40, 2 7 310.14, 313.10, or 384.96, as modified by the bid threshold 2 8 subcommittee pursuant to section 314.1B, shall be advertised 2 9 and let for bid, except such public improvements that involve 2 10 emergency work pursuant to section 309.40A, 313.10, 384.95, or 2 11 384.103, subsection 2. However, a public improvement that has 2 12 an estimated total cost to a city in excess of a threshold of 2 13 fifty thousand dollars, as modified by the bid threshold 2 14 subcommittee pursuant to section 314.1B, and that involves the 2 15 construction, reconstruction, or improvement of a highway, 2 16 bridge, or culvert that is under the jurisdiction of a city 2 17 with a population of more than fifty thousand, shall be 2 18 advertised and let for bid. 2 19 Sec. 6. Section 314.1B, subsection 2, paragraph b, Code 2 20 2003, is amended to read as follows: 2 21 b. A bid threshold shall not be adjusted to an amount that 2 22 is less than the bid threshold applicable to a city or county 2 23 on July 1, 2002, as provided in section 73A.18, 309.40, 2 24 310.14, 314.1, or 384.96, or on July 1, 2004, as provided in 2 25 section 309.39A. An adjusted bid threshold shall take effect 2 26 as provided in subsection 3, and shall remain in effect until 2 27 a new adjusted bid threshold is established and becomes 2 28 effective as provided in this section. 2 29 Sec. 7. Section 331.341, subsections 1 and 3, Code 2003, 2 30 are amended to read as follows: 2 31 1. When the estimated cost of a public improvement, other 2 32 than improvements which may be paid for from the secondary 2 33 road fund, exceeds the amount specified in section 309.39A or 2 34 309.40, the board shall follow the contract letting procedures 2 35 provided for cities in sections 384.95 to 384.103. However, 3 1 in following those sections the board shall substitute the 3 2 word "county" for the word "city", section 331.305 for section 3 3 362.3, shall consider "governing body" to mean the board, and 3 4 shall exclude references to a city utility, utility board of 3 5 trustees, or public utilities. As used in this section, 3 6 "public improvement" means the same as defined in section 3 7 384.95 as modified by this subsection. 3 8 3. Contracts for improvements which may be paid for from 3 9 the secondary road fund shall be awarded in accordance with 3 10 sections309.40309.39A to 309.43, 310.14, 314.1, 314.2, and 3 11 other applicable state law. 3 12 EXPLANATION 3 13 This bill creates a new Code section that provides that all 3 14 contracts for county bridge construction for which the 3 15 engineer's estimate exceeds $150,000 must be advertised and 3 16 let for public bid. Currently, all contracts for county road 3 17 or bridge construction which are estimated to exceed $50,000 3 18 must be advertised and let at public bid. The requirements 3 19 for county road construction contracts are unchanged. 3 20 The bill also makes coordinating amendments referring to 3 21 the new Code section to provide that certain emergency county 3 22 bridge construction projects can be let without public bids; 3 23 that certain county bridge construction contracts not embraced 3 24 within the provisions of the new Code section can be let by 3 25 public bid or informal bids; that certain county bridge 3 26 construction contracts in excess of the applicable threshold, 3 27 as modified by the bid threshold subcommittee, must be 3 28 advertised and let for public bid; that the bid threshold for 3 29 county bridge construction contracts cannot be adjusted to an 3 30 amount that is less than $150,000; that when the estimated 3 31 cost of a county bridge construction project exceeds $150,000 3 32 and is not payable from the secondary road fund, the contract 3 33 letting and award procedures provided for cities are 3 34 applicable; and that contracts for county bridge construction 3 35 payable from the secondary road fund must be awarded in 4 1 accordance with the provisions of Code sections 309.39A, 4 2 309.40A to 309.43, 310.14, 314.1, 314.2, and other applicable 4 3 state laws. 4 4 LSB 5072HH 80 4 5 av/cl/14