Text: SF00363 Text: SF00365 Text: SF00300 - SF00399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 18.6, subsection 9, paragraph a, Code 1 2 2003, is amended to read as follows: 1 3 a. When the estimated total cost of construction, 1 4 erection, demolition, alteration, or repair of a public 1 5 improvement exceedstwenty-fiveone hundred thousand dollars, 1 6 the department shall solicit bids on the proposed improvement 1 7 by publishing an advertisement in a print format. The 1 8 advertisement shall appear in two publications in a newspaper 1 9 published in the county in which the work is to be done. The 1 10 first advertisement for bids appearing in a newspaper shall be 1 11 not less than fifteen days prior to the date set for receiving 1 12 bids. The department may publish an advertisement in an 1 13 electronic format as an additional method of soliciting bids 1 14 under this paragraph. 1 15 Sec. 2. Section 18.6, subsection 16, Code 2003, is amended 1 16 to read as follows: 1 17 16. The department shall not award a contract to a bidder 1 18 for a construction, reconstruction, demolition, or repair 1 19 project or improvement with an estimated cost that exceeds 1 20twenty-fiveone hundred thousand dollars in which the bid 1 21 requires the use of inmate labor supplied by the department of 1 22 corrections, but not employed by private industry pursuant to 1 23 section 904.809, to perform the project or improvement. 1 24 Sec. 3. Section 35A.10, subsection 2, Code 2003, is 1 25 amended to read as follows: 1 26 2. The commandant and the commission shall have plans and 1 27 specifications prepared by the department of general services 1 28 for authorized construction, repair, or improvement projects 1 29 in excess oftwenty-fiveone hundred thousand dollars. An 1 30 appropriation for a project shall not be expended until the 1 31 department of general services has adopted plans and 1 32 specifications and has completed a detailed estimate of the 1 33 cost of the project, prepared under the supervision of a 1 34 registered architect or registered professional engineer. 1 35 Sec. 4. Section 35A.10, subsection 3, Code 2003, is 2 1 amended to read as follows: 2 2 3. The director of the department of general services 2 3 shall, in writing, let all contracts for authorized 2 4 improvements in excess oftwenty-fiveone hundred thousand 2 5 dollars in accordance with chapter 18. The director of the 2 6 department of general services shall not authorize payment for 2 7 construction purposes until satisfactory proof has been 2 8 furnished by the proper officer or supervising architect that 2 9 the parties have complied with the contract. 2 10 Sec. 5. Section 73A.2, Code 2003, is amended to read as 2 11 follows: 2 12 73A.2 NOTICE OF HEARING. 2 13 Before any municipality shall enter into any contract for 2 14 any public improvement to costtwenty-fiveone hundred 2 15 thousand dollars or more, the governing body proposing to make 2 16 the contract shall adopt proposed plans and specifications and 2 17 proposed form of contract, fix a time and place for hearing at 2 18 the municipality affected or other nearby convenient place, 2 19 and give notice by publication in at least one newspaper of 2 20 general circulation in the municipality at least ten days 2 21 before the hearing. 2 22 Sec. 6. Section 73A.18, Code 2003, is amended to read as 2 23 follows: 2 24 73A.18 WHEN BIDS REQUIRED – ADVERTISEMENT – DEPOSIT. 2 25 When the estimated total cost of construction, erection, 2 26 demolition, alteration or repair of a public improvement 2 27 exceedstwenty-fiveone hundred thousand dollars, the 2 28 municipality shall advertise for bids on the proposed 2 29 improvement by two publications in a newspaper published in 2 30 the county in which the work is to be done. The first 2 31 advertisement for bids shall be not less than fifteen days 2 32 prior to the date set for receiving bids. The municipality 2 33 shall let the work to the lowest responsible bidder submitting 2 34 a sealed proposal. However, if in the judgment of the 2 35 municipality bids received are not acceptable, all bids may be 3 1 rejected and new bids requested. A bid shall be accompanied, 3 2 in a separate envelope, by a deposit of money or a certified 3 3 check or credit union certified share draft in an amount to be 3 4 named in the advertisement for bids as security that the 3 5 bidder will enter into a contract for the doing of the work. 3 6 The municipality shall fix the bid security in an amount equal 3 7 to at least five percent, but not more than ten percent of the 3 8 estimated total cost of the work. The checks, share drafts or 3 9 deposits of money of the unsuccessful bidders shall be 3 10 returned as soon as the successful bidder is determined, and 3 11 the check, share draft or deposit of money of the successful 3 12 bidder shall be returned upon execution of the contract 3 13 documents. This section does not apply to the construction, 3 14 erection, demolition, alteration or repair of a public 3 15 improvement when the contracting procedure for the doing of 3 16 the work is provided for in another provision of law. 3 17 Sec. 7. Section 161C.2, subsection 1, paragraph b, Code 3 18 2003, is amended to read as follows: 3 19 b. Any work project with an estimated cost oftwenty-five3 20 one hundred thousand dollars or more shall be undertaken as a 3 21 public contract as provided in chapters 73A and 573. The 3 22 local contracting organization shall designate a contracting 3 23 officer and shall establish procedures to manage the contract, 3 24 approve bills for payment, and review proposed change orders 3 25 or amendments to the contract. 3 26 Sec. 8. Section 262.34, unnumbered paragraph 1, Code 2003, 3 27 is amended to read as follows: 3 28 When the estimated cost of construction, repairs, or 3 29 improvement of buildings or grounds under charge of the state 3 30 board of regents exceedstwenty-fiveone hundred thousand 3 31 dollars, the board shall advertise for bids for the 3 32 contemplated improvement or construction and shall let the 3 33 work to the lowest responsible bidder. However, if in the 3 34 judgment of the board bids received are not acceptable, the 3 35 board may reject all bids and proceed with the construction, 4 1 repair, or improvement by a method as the board may determine. 4 2 All plans and specifications for repairs or construction, 4 3 together with bids on the plans or specifications, shall be 4 4 filed by the board and be open for public inspection. All 4 5 bids submitted under this section shall be accompanied by a 4 6 deposit of money, a certified check or a credit union 4 7 certified share draft in an amount as the board may prescribe. 4 8 Sec. 9. Section 297.8, Code 2003, is amended to read as 4 9 follows: 4 10 297.8 EMERGENCY REPAIRS. 4 11 When emergency repairs costing more thantwenty-fiveone 4 12 hundred thousand dollars are necessary in order to prevent the 4 13 closing of any school, the provisions of the law with 4 14 reference to advertising for bids shall not apply, and in that 4 15 event the board may contract for such emergency repairs 4 16 without advertising for bids. However, before such emergency 4 17 repairs can be made to any schoolhouse, it shall be necessary 4 18 to procure a certificate from the area education agency 4 19 administrator that such emergency repairs are necessary to 4 20 prevent the closing of the school. 4 21 Sec. 10. Section 330A.12, Code 2003, is amended to read as 4 22 follows: 4 23 330A.12 AWARD OF CONTRACT. 4 24 All contracts entered into by an authority for the 4 25 construction, reconstruction, and improvement of aviation 4 26 facilities shall be entered into pursuant to and shall comply 4 27 with chapter 73A. However, where an authority determines an 4 28 emergency exists, it may enter into contracts obligating the 4 29 authority for not in excess oftwenty-fiveone hundred 4 30 thousand dollars per emergency without regard to the 4 31 requirements of chapter 73A and the authority may proceed with 4 32 the necessary action as expeditiously as possible to the 4 33 extent necessary to resolve such emergency. 4 34 Sec. 11. Section 331.341, subsection 1, Code 2003, is 4 35 amended to read as follows: 5 1 1. When the estimated cost of a public improvement, other 5 2 than improvements which may be paid for from the secondary 5 3 road fund, exceedsthe amount specified in section 309.40one 5 4 hundred thousand dollars, the board shall follow the contract 5 5 letting procedures provided for cities in sections 384.95 to 5 6 384.103. However, in following those sections the board shall 5 7 substitute the word "county" for the word "city", section 5 8 331.305 for section 362.3, shall consider "governing body" to 5 9 mean the board, and shall exclude references to a city 5 10 utility, utility board of trustees, or public utilities. As 5 11 used in this section, "public improvement" means the same as 5 12 defined in section 384.95 as modified by this subsection. 5 13 Sec. 12. Section 384.96, Code 2003, is amended to read as 5 14 follows: 5 15 384.96 SEALED BIDS. 5 16 When the estimated total cost to a city of a public 5 17 improvement exceeds the sum oftwenty-fiveone hundred 5 18 thousand dollars, the governing body shall advertise for 5 19 sealed bids for the proposed improvement by publishing a 5 20 notice to bidders as provided in section 362.3, except that 5 21 the notice to bidders may be published more than twenty days 5 22 but not more than forty-five days before the date for filing 5 23 bids. 5 24 Sec. 13. Section 384.102, Code 2003, is amended to read as 5 25 follows: 5 26 384.102 WHEN HEARING NECESSARY. 5 27 When the estimated total cost of a public improvement 5 28 exceeds the sum oftwenty-fiveone hundred thousand dollars, 5 29 the governing body shall not enter into a contract for the 5 30 improvement until it has held a public hearing on the proposed 5 31 plans, specifications, and form of contract, and estimated 5 32 cost for the improvement. Notice of the hearing must be 5 33 published as provided in section 362.3. At the hearing any 5 34 interested person may appear and file objections to the 5 35 proposed plans, specifications, contract, or estimated cost of 6 1 the improvement. After hearing objections, the governing body 6 2 shall by resolution enter its decision on the plans, 6 3 specifications, contract, and estimated cost. 6 4 Sec. 14. Section 904.314, unnumbered paragraph 1, Code 6 5 2003, is amended to read as follows: 6 6 The director shall cause plans and specifications to be 6 7 prepared by the department of general services for all 6 8 improvements authorized and costing overtwenty-fiveone 6 9 hundred thousand dollars. An appropriation for any 6 10 improvement costing overtwenty-fiveone hundred thousand 6 11 dollars shall not be expended until the adoption of suitable 6 12 plans and specifications, prepared by a competent architect 6 13 and accompanied by a detailed statement of the amount, 6 14 quality, and description of all material and labor required 6 15 for the completion of the improvement. 6 16 Sec. 15. Section 904.315, Code 2003, is amended to read as 6 17 follows: 6 18 904.315 CONTRACTS FOR IMPROVEMENTS. 6 19 The director of the department of general services shall, 6 20 in writing, let all contracts for authorized improvements 6 21 costing in excess oftwenty-fiveone hundred thousand dollars 6 22 under chapter 18. Upon prior authorization by the director, 6 23 improvements costing five thousand dollars or less may be made 6 24 by the superintendent of any institution. 6 25 A contract is not required for improvements at a state 6 26 institution where the labor of inmates is to be used if the 6 27 contract is not for a construction, reconstruction, 6 28 demolition, or repair project or improvement with an estimated 6 29 cost in excess oftwenty-fiveone hundred thousand dollars. 6 30 EXPLANATION 6 31 This bill changes the threshold requirement for advertising 6 32 for bids for a contract for the construction of a public 6 33 improvement from an estimated cost of $25,000 to an estimated 6 34 cost of $100,000. The bill applies to contracts entered into 6 35 by the state department of general services; the veterans 7 1 affairs commission; municipalities including townships, school 7 2 corporations, the state fair board, and the state board of 7 3 regents; soil and water conservation districts; aviation 7 4 authorities; counties; cities; and the state department of 7 5 corrections. 7 6 LSB 2230SV 80 7 7 av/sh/8
Text: SF00363 Text: SF00365 Text: SF00300 - SF00399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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