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 road or bridge construction 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 sections 309.40 309.39A 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