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