Text: H01156                            Text: H01158
Text: H01100 - H01199                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index



House Amendment 1157

Amendment Text

PAG LIN
  1  1    Amend House File 324 as follows:
  1  2    #1.  Page 1, by inserting after line 25 the
  1  3 following:
  1  4    "Sec.    .  NEW SECTION.  309.40A  EMERGENCY
  1  5 HIGHWAY AND BRIDGE PROJECTS.
  1  6    Notwithstanding section 309.40, a county may
  1  7 contract for the emergency repair, restoration, or
  1  8 reconstruction of a highway or bridge under the
  1  9 county's jurisdiction without advertising for bids if
  1 10 all of the following conditions are met:
  1 11    1.  The emergency was caused by an unforeseen event
  1 12 causing the failure of a highway, bridge, or other
  1 13 highway structure so that the highway is
  1 14 unserviceable, or where immediate action is necessary
  1 15 to prevent further damage or loss.
  1 16    2.  The county solicits written bids from three or
  1 17 more contractors engaged in the type of work needed.
  1 18    3.  The necessary work can be done for less than
  1 19 one hundred thousand dollars.
  1 20    4.  If possible, the county notifies the
  1 21 appropriate Iowa highway contractors' associations of
  1 22 the proposed work.
  1 23    Sec.    .  Section 309.93, Code 2001, is amended by
  1 24 adding the following new subsection:
  1 25    NEW SUBSECTION.  7.  A detailed cost accounting of
  1 26 all instances in the previous fiscal year of the use
  1 27 of day labor or public or private contracts for
  1 28 construction, reconstruction, improvement, or repair
  1 29 or maintenance projects on either the farm-to-market
  1 30 or secondary road system, in the manner prescribed by
  1 31 rule of the department under section 314.1A.  The
  1 32 statement shall also include the costs of purchasing,
  1 33 leasing, or renting construction or maintenance
  1 34 equipment and an accounting of the use of such
  1 35 equipment for construction, reconstruction,
  1 36 improvement, or repair or maintenance projects on
  1 37 either the farm-to-market or secondary road system
  1 38 during the previous fiscal year.
  1 39    Sec.    .  Section 312.14, Code 2001, is amended to
  1 40 read as follows:
  1 41    312.14  CITIES TO SUBMIT REPORT.
  1 42    Cities in the state which receive allotments of
  1 43 funds from road use tax funds shall prepare and
  1 44 deliver on or before September 30 each year to the
  1 45 department an annual report showing all street
  1 46 receipts and expenditures for the city for the
  1 47 previous fiscal year.  The report shall include a
  1 48 detailed cost accounting of all instances of the use
  1 49 of day labor or public or private contracts for
  1 50 construction, reconstruction, improvement, or repair
  2  1 or maintenance projects on the municipal street system
  2  2 during the previous fiscal year, in the manner
  2  3 prescribed by rule of the department under section
  2  4 314.1A.  The report shall also include the costs of
  2  5 purchasing, leasing, or renting construction or
  2  6 maintenance equipment and an accounting of the use of
  2  7 such equipment for construction, reconstruction,
  2  8 improvement, or repair or maintenance projects on the
  2  9 municipal street system during the previous fiscal
  2 10 year."
  2 11    #2.  Page 2, line 19, by striking the words
  2 12 "repair, or maintenance" and inserting the following:
  2 13 "or repair or maintenance".
  2 14    #3.  Page 3, line 2, by striking the words
  2 15 "improvement, or repair" and inserting the following:
  2 16 "or improvement".
  2 17    #4.  Page 3, line 5, by inserting after the word
  2 18 "bid" the following:  ", except such public
  2 19 improvements that involve emergency work pursuant to
  2 20 section 309.40A, 313.10, 384.95, or 384.103,
  2 21 subsection 2.  However, a public improvement that has
  2 22 an estimated total cost to a city in excess of fifty
  2 23 thousand dollars, and that involves the construction,
  2 24 reconstruction, or improvement of a highway, bridge,
  2 25 or culvert that is under the jurisdiction of a city
  2 26 with a population of more than fifty thousand, shall
  2 27 be advertised and let for bid".
  2 28    #5.  Page 3, by striking lines 13 through 15 and
  2 29 inserting the following:  "reject any or all bids, or
  2 30 may let by private contract or build by day labor, at
  2 31 a cost not in excess of the lowest bid received.  If
  2 32 the agency rejects all bids due to cost, prior to
  2 33 using day labor or executing a private contract, the
  2 34 agency shall contact the lowest bidder in an attempt
  2 35 to negotiate a lower price than the bid received from
  2 36 that bidder.  If the agency's attempts to negotiate a
  2 37 lower price with the lowest bidder are not successful,
  2 38 the agency may contact other bidders to negotiate a
  2 39 lower price than the lowest bid received.  If there
  2 40 were no other bidders the agency may contact a
  2 41 contractor who did not submit a bid to negotiate a
  2 42 lower price than the lowest bid received.  If a
  2 43 private contract cannot be negotiated with a
  2 44 contractor who did not submit a bid, the agency may
  2 45 proceed to build the project with day labor at a cost
  2 46 not to exceed the lowest bid or quote received.
  2 47    PARAGRAPH DIVIDED.  Upon the completion of any
  2 48 contract or project on".
  2 49    #6.  Page 3, line 20, by inserting after the word
  2 50 "specifications." the following:  "Upon completion of
  3  1 a contract or project on the municipal street system,
  3  2 the city public works department or city engineer
  3  3 shall file with the city clerk a statement showing the
  3  4 total cost of the contract or project with a
  3  5 certificate that the work has been done in accordance
  3  6 with the plans and specifications."
  3  7    #7.  Page 3, by inserting after line 22 the
  3  8 following:
  3  9    "Sec.    .  NEW SECTION.  314.1A  DETAILED COST
  3 10 ACCOUNTINGS BY CITIES AND COUNTIES – RULES.
  3 11    The department shall adopt rules prescribing the
  3 12 manner by which cities and counties shall provide a
  3 13 detailed cost accounting under section 309.93 or
  3 14 312.14, of all instances of the use of day labor or
  3 15 public or private contracts for construction,
  3 16 reconstruction, improvement, or repair or maintenance
  3 17 projects on highways within their jurisdiction.  The
  3 18 rules shall include definitions concerning types of
  3 19 projects and uniform requirements and definitions that
  3 20 cities and counties shall use in determining costs for
  3 21 such projects.  The department shall establish an
  3 22 advisory committee composed of representatives of
  3 23 public sector agencies, private sector contractor
  3 24 organizations, and certified public employee
  3 25 collective bargaining organizations to make
  3 26 recommendations for such rules."
  3 27    #8.  Page 4, by inserting after line 16 the
  3 28 following:
  3 29    "Sec.    .  DEPARTMENT REVIEW OF CERTAIN HIGHWAY
  3 30 PROJECT PROCEDURES AND EQUIPMENT USE.
  3 31    1.  The state department of transportation, in
  3 32 conjunction with the advisory committee established
  3 33 pursuant to section 314.1A, shall review applicable
  3 34 competitive bidding threshold requirements for
  3 35 highway, bridge, and culvert projects and may make
  3 36 recommendations to the general assembly by December
  3 37 31, 2002, regarding any proposed changes.
  3 38    2.  The department shall review the highway and
  3 39 street construction and maintenance equipment purchase
  3 40 policies and the use of such equipment by all entities
  3 41 receiving road use tax fund moneys.  The department
  3 42 shall report its findings, and any recommendations
  3 43 regarding potential efficiencies and cost savings in
  3 44 the purchase and use of such equipment, to the general
  3 45 assembly by December 31, 2002.  The department shall
  3 46 consult with public and private entities in reviewing
  3 47 the purchasing policies and use of equipment and in
  3 48 formulating the department's recommendations.
  3 49    Sec.    .  EFFECTIVE DATE.  The following
  3 50 provisions of this Act take effect July 1, 2002:
  4  1    1.  The provision enacting section 309.93,
  4  2 subsection 7.
  4  3    2.  The provision amending section 312.14.
  4  4    3.  The provision enacting section 314.1,
  4  5 subsection 2.
  4  6    4.  The provision amending section 314.1,
  4  7 unnumbered paragraph 2, and redesignating that
  4  8 unnumbered paragraph as section 314.1, subsection 3."
  4  9    #9.  By numbering, renumbering, and correcting
  4 10 internal references as necessary.  
  4 11 
  4 12 
  4 13                               
  4 14 HUSER of Polk
  4 15 
  4 16 
  4 17                               
  4 18 HF 324.304 79
  4 19 nh/cf
     

Text: H01156                            Text: H01158
Text: H01100 - H01199                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

Return To Home index


© 2001 Cornell College and League of Women Voters of Iowa


Comments about this site or page? webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.

Last update: Fri Mar 23 03:35:27 CST 2001
URL: /DOCS/GA/79GA/Legislation/H/01100/H01157/010302.html
jhf