House Amendment 8546
PAG LIN
1 1 Amend House File 2531 as follows:
1 2 #1. Page 38, after line 1 by inserting:
1 3 <DIVISION ___
1 4 RESPONSIBLE BIDDER
1 5 Section 1. Section 8A.311, subsection 11, paragraph
1 6 b, Code 2009, is amended to read as follows:
1 7 b. (1) In awarding a contract under this
1 8 subsection, the department shall let the work to the
1 9 lowest responsive, responsible bidder, as defined in
1 10 section 26.2, submitting a sealed proposal. However,
1 11 if the department considers the bids received not to
1 12 be acceptable, all bids may be rejected and new bids
1 13 requested.
1 14 (2) A bid shall be accompanied by a certified or
1 15 cashier's check or bid bond in an amount designated in
1 16 the advertisement for bids as security that the bidder
1 17 will enter into a contract for the work requested.
1 18 The department shall establish the bid security in an
1 19 amount equal to at least five percent, but not more
1 20 than ten percent of the estimated total cost of the
1 21 work. The certified or cashier's checks or bid bonds
1 22 of unsuccessful bidders shall be returned as soon as
1 23 the successful bidder is determined. The certified or
1 24 cashier's check or bid bond of the successful bidder
1 25 shall be returned upon execution of the contract.
1 26 c. This subsection does not apply to the
1 27 construction, erection, demolition, alteration, or
1 28 repair of a public improvement when the contracting
1 29 procedure for the work requested is otherwise provided
1 30 for in law.
1 31 Sec. 2. Section 26.2, Code 2009, is amended by
1 32 adding the following new subsections:
1 33 NEW SUBSECTION. 5. "Responsible bidder" means a
1 34 bidder who meets the following requirements in addition
1 35 to any requirements that are part of the bidding
1 36 process for a public improvement contract:
1 37 a. The bidder uses the federal e=verify program to
1 38 ensure the employment eligibility of all workers who
1 39 will perform work on the public improvement. "E=verify
1 40 program" means one of the following:
1 41 (1) The electronic verification of work
1 42 authorization status program created under the federal
1 43 Illegal Immigration Reform and Immigrant Responsibility
1 44 Act of 1996, 8 U.S.C. { 1324a, and operated by the
1 45 United States department of homeland security.
1 46 (2) Any federal work authorization status program
1 47 equivalent to the program described in subparagraph
1 48 (1) and operated by the United States department of
1 49 homeland security or any other designated federal
1 50 agency authorized to verify the work authorization
2 1 status of newly hired employees, pursuant to the
2 2 federal Immigration Reform and Control Act of 1986,
2 3 Pub. L. No. 99=603.
2 4 b. (1) The bidder shall ensure that each
2 5 individual who performs labor or service on the public
2 6 improvement project is a worker. "Worker" means an
2 7 employee of a contractor or subcontractor unless
2 8 an independent contractor relationship between the
2 9 individual and the contractor or subcontractor is
2 10 intended and all of the following conditions apply:
2 11 (a) The contractor or subcontractor does not
2 12 control or direct the performance of services by the
2 13 individual.
2 14 (b) The contractor or subcontractor is not
2 15 responsible for the payment of the individual's wages.
2 16 (c) The contractor or subcontractor does not have
2 17 the right to discharge the individual or to terminate
2 18 the working relationship with the individual.
2 19 (d) The contractor or subcontractor is not the
2 20 authority in charge of the work or for whose benefit
2 21 the individual is providing services.
2 22 (2) An individual classified as an employee under
2 23 this paragraph "b" shall also be classified as an
2 24 employee pursuant to chapters 85, 85A, 85B, 88, 91A,
2 25 and 96.
2 26 c. (1) The bidder requires all workers who perform
2 27 any labor or service for a contractor or subcontractor
2 28 on a public improvement project to complete every three
2 29 years a minimum ten=hour construction safety program
2 30 approved by the United States occupational safety and
2 31 health administration. A newly hired worker must be
2 32 required to complete the safety program within ninety
2 33 days of hire but may perform labor or service on a
2 34 public improvement during the ninety days.
2 35 (2) The bidder requires each primary contractor
2 36 working on a public improvement project to require at
2 37 least one worker who performs any labor or service on
2 38 the public improvement project to complete every five
2 39 years a minimum thirty=hour construction safety program
2 40 approved by the United States occupational safety and
2 41 health administration.
2 42 (3) The bidder requires a quarterly consultation at
2 43 the site of the public improvement project by the state
2 44 occupational safety and health administration on public
2 45 improvement projects that cost five million dollars or
2 46 more.
2 47 d. The bidder who participates in a public
2 48 improvement project participates in an apprenticeship
2 49 program approved by, and registered with, the United
2 50 States department of labor's office of apprenticeship.
3 1 e. (1) The bidder does not have a record of
3 2 violations of specific laws over a period of time that
3 3 tend to show a consistent pattern and provides evidence
3 4 of compliance with specific laws. Such specific laws
3 5 include but are not limited to the following:
3 6 (a) State contractor registration and licensing
3 7 laws.
3 8 (b) Federal and state unemployment insurance laws.
3 9 (c) Federal and state tax laws.
3 10 (d) Federal and state workers' compensation laws.
3 11 (e) Federal and state environmental laws.
3 12 (f) State employment rules and regulations.
3 13 (2) Such a pattern may allow the governmental
3 14 entity to deny the bidder the award of a public
3 15 improvement contract, unless the governmental entity
3 16 finds that the violations did not seriously affect
3 17 public health or safety, or the environment, or violate
3 18 employment laws, or if the bidder did, that there were
3 19 mitigating circumstances. In making the findings
3 20 and determinations regarding violations, mitigating
3 21 circumstances, and whether the bidder is disqualified
3 22 to be awarded a public improvement contract, the
3 23 governmental entity is exempt from the requirements of
3 24 chapter 17A.
3 25 NEW SUBSECTION. 6. "Responsive bidder" means a
3 26 bidder who satisfies the material specifications of a
3 27 public improvement bid without significant change, but
3 28 whose bid may contain irregularities in the bid form.
3 29 Sec. 3. Section 28J.9, subsection 18, paragraph b,
3 30 Code 2009, is amended to read as follows:
3 31 b. Except as provided in paragraph "c", when
3 32 the cost of a contract for the construction of a
3 33 building, structure, or other improvement undertaken
3 34 by a port authority involves an expenditure exceeding
3 35 the competitive bid threshold in section 26.3, or as
3 36 established in section 314.1B, and the port authority
3 37 is the contracting entity, the port authority shall
3 38 make a written contract after notice calling for
3 39 bids for the award of the contract has been given by
3 40 publication twice, with at least seven days between
3 41 publications, in a newspaper of general circulation in
3 42 the area of the port authority. Each such contract
3 43 shall be let to the lowest responsive, and responsible
3 44 bidder, as defined in section 26.2. Every contract
3 45 shall be accompanied by or shall refer to plans and
3 46 specifications for the work to be done, prepared for
3 47 and approved by the port authority, and signed by an
3 48 authorized officer of the port authority and by the
3 49 contractor.
3 50 Sec. 4. Section 73A.18, Code 2009, is amended to
4 1 read as follows:
4 2 73A.18 When bids required == advertisement ==
4 3 deposit.
4 4 1. When the estimated total cost of construction,
4 5 erection, demolition, alteration, or repair of a public
4 6 improvement exceeds the competitive bid threshold in
4 7 section 26.3, or as established in section 314.1B,
4 8 the municipality shall advertise for bids on the
4 9 proposed improvement by two publications in a newspaper
4 10 published in the county in which the work is to be
4 11 done. The first advertisement for bids shall be
4 12 not less than fifteen days prior to the date set for
4 13 receiving bids.
4 14 2. The municipality shall let the work to the
4 15 lowest responsive, responsible bidder, as defined in
4 16 section 26.2, submitting a sealed proposal. However,
4 17 if in the judgment of the municipality bids received
4 18 are not acceptable, all bids may be rejected and new
4 19 bids requested. A bid shall be accompanied, in a
4 20 separate envelope, by a deposit of money or a certified
4 21 check or credit union certified share draft in an
4 22 amount to be named in the advertisement for bids as
4 23 security that the bidder will enter into a contract for
4 24 the doing of the work.
4 25 3. The municipality shall fix the bid security in
4 26 an amount equal to at least five percent, but not more
4 27 than ten percent of the estimated total cost of the
4 28 work. The checks, share drafts, or deposits of money
4 29 of the unsuccessful bidders shall be returned as soon
4 30 as the successful bidder is determined, and the check,
4 31 share draft, or deposit of money of the successful
4 32 bidder shall be returned upon execution of the contract
4 33 documents.
4 34 Sec. 5. Section 73A.21, subsection 2, Code 2009, is
4 35 amended to read as follows:
4 36 2. Notwithstanding this chapter, chapter 73,
4 37 chapter 309, chapter 310, chapter 331, or chapter 384,
4 38 when a contract for a public improvement is to be
4 39 awarded to the lowest responsive, responsible bidder,
4 40 as defined in section 26.2, a resident bidder shall be
4 41 allowed a preference as against a nonresident bidder
4 42 from a state or foreign country which gives or requires
4 43 a preference to bidders from that state or foreign
4 44 country. The preference is equal to the preference
4 45 given or required by the state or foreign country in
4 46 which the nonresident bidder is a resident.
4 47 Sec. 6. Section 262.34, subsection 1, Code
4 48 Supplement 2009, is amended to read as follows:
4 49 1. When the estimated cost of construction,
4 50 repairs, or improvement of buildings or grounds
5 1 under charge of the state board of regents exceeds
5 2 one hundred thousand dollars, the board shall
5 3 advertise for bids for the contemplated improvement
5 4 or construction and shall let the work to the lowest
5 5 responsive, responsible bidder, as defined in section
5 6 26.2. However, if in the judgment of the board
5 7 bids received are not acceptable, the board may
5 8 reject all bids and proceed with the construction,
5 9 repair, or improvement by a method as the board may
5 10 determine. All plans and specifications for repairs
5 11 or construction, together with bids on the plans or
5 12 specifications, shall be filed by the board and be open
5 13 for public inspection. All bids submitted under this
5 14 section shall be accompanied by a deposit of money,
5 15 a certified check, or a credit union certified share
5 16 draft in an amount as the board may prescribe.
5 17 Sec. 7. Section 314.1, subsection 3, unnumbered
5 18 paragraph 1, Code 2009, is amended to read as follows:
5 19 In the award of contracts for the construction,
5 20 reconstruction, improvement, or repair or maintenance
5 21 of a highway, bridge, or culvert, the agency having
5 22 charge of awarding such contracts shall give due
5 23 consideration not only to the prices bid but also to
5 24 the mechanical or other equipment and the financial
5 25 responsibility and experience in the performance of
5 26 like or similar contracts. The agency may reject any
5 27 or all bids. The agency may readvertise and relet the
5 28 project without conducting an additional public hearing
5 29 if no substantial changes are made to the project's
5 30 plans or specifications. The agency may let by private
5 31 contract or build by day labor, at a cost not in excess
5 32 of the lowest bid received from the lowest responsive,
5 33 responsible bidder, as defined in section 26.2.
5 34 Sec. 8. Section 357.16, Code 2009, is amended to
5 35 read as follows:
5 36 357.16 Second election.
5 37 If the majority of the votes cast at said second
5 38 election be in favor of said improvement, the board of
5 39 supervisors shall again advertise for bids in the same
5 40 manner as before. If the bids at the second letting
5 41 will not necessitate raising the second preliminary
5 42 assessment more than ten percent, the board may let the
5 43 contract to the lowest responsive, responsible bidder,
5 44 as defined in section 26.2.
5 45 Sec. 9. Section 360.5, Code 2009, is amended to
5 46 read as follows:
5 47 360.5 Construction.
5 48 The township trustees or in case of joint ownership,
5 49 in conjunction with the city authorities shall have
5 50 charge of the building of such hall, shall receive
6 1 bids, and shall let the building of the same to the
6 2 lowest responsive, responsible bidder, as defined in
6 3 section 26.2, and the township clerk shall pay out of
6 4 the funds collected, only on the order of the trustees
6 5 of said township for the township's share of the cost
6 6 thereof.
6 7 Sec. 10. Section 468.35, subsection 1, Code 2009,
6 8 is amended to read as follows:
6 9 1. The board shall award contract or contracts
6 10 for each section of the work to the lowest
6 11 responsive, responsible bidder, as defined in section
6 12 26.2, or bidders therefor, bids to be submitted,
6 13 received and acted upon separately as to the main drain
6 14 and each of the laterals, and each settling basin,
6 15 if any, exercising their own discretion as to letting
6 16 such work as to the main drain as a whole, or as to
6 17 each lateral as a whole, or by sections as to both main
6 18 drain and laterals, and reserving the right to reject
6 19 any and all bids and readvertise the letting of the
6 20 work.>
6 21 #2. By renumbering as necessary.
R. OLSON of Polk
HF2531.2619 (1) 83
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