H. B. 2283


(By Delegates Michael and Warner)
[Introduced January 14, 1998; referred to the
Committee on Roads and Transportation.]




A BILL to amend and reenact section nineteen, article four, chapter seventeen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to abolishing the requirement that when the commissioner is about to construct or improve any highway, he or she shall file a copy of the plans and notice of the work to be performed.

Be it enacted by the Legislature of West Virginia:
That section nineteen, article four, chapter seventeen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 4. STATE ROAD SYSTEM.
§17-4-19. Contracts for construction, materials, etc.; work by prison labor, etc.; bidding procedure.

All work of construction and reconstruction of state roads and bridges, and the furnishing of all materials and supplies therefor, and for the repair thereof shall be done and furnished pursuant to contract except that the commissioner shall may not be required to award any contract for work, which can be done advantageously, economically and practicably by commission forces or prison labor and by use of state road equipment, or for materials and supplies, which are manufactured, processed or assembled by the commissioner: Provided, however, That the commissioner shall may not be required to award any contract for work, materials or supplies for an amount less than three thousand dollars. In all such the work, the commissioner shall utilize state road forces or prison labor and state road equipment and shall manufacture, process and assemble all such the materials and supplies for such the work whenever and wherever the commissioner, in his or her discretion, finds such work and services advantageous, economical and practicable in the state road program.
When the commissioner is about to construct, reconstruct, or improve any road or highway, he shall cause to be filed with the clerk of the county court, or of the municipality, as the case may be, in which such road lies, a certified copy of the plans and specifications therefor, and a notice that the commissioner is about to enter upon and proceed with the work in question. If the work is to be done, or the materials therefor are to be furnished by contract, the commissioner shall thereupon publish the following described advertisement as a Class II legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code, and the publication area for such the publication shall be the county or municipality in which the road lies. Such The advertisement shall also be published at least once in at least one daily newspaper published in the city of Charleston and in such other journals or magazines as may to the commissioner seem advisable. The advertisement shall solicit sealed proposals for the construction or other improvement of such road, and for the furnishing of materials therefor, accurately describing the same, and stating the time and place for opening such the proposals and reserving the right to reject any and all proposals: Provided, however, That whenever the estimated amount of any contract for work or for materials or supplies is less than three thousand dollars, the commissioner shall may not be required to advertise the letting of said the contract in newspapers as above required, but may award the contract to the lowest responsible bidder, when two or more sealed proposals or bids have been received by him or her without such the advertisement, but such the contract shall may not be so awarded unless the bid of the successful bidder is three thousand dollars or less. The commissioner shall have the power to prescribe proper prequalifications of contractors bidding on state road construction work. To all sealed proposals there shall be attached the certified check of the bidder or bidder's bond acceptable to the commissioner, in such the amount as the commissioner shall specify in the advertisement, but not to exceed five percent of the aggregate amount of the bid; but such the amount shall never be less than five hundred dollars. Such The proposals shall be publicly opened and read at the time and place specified in the advertisement, and the contract for such the work, or for the supplies or materials required therefor shall, if let, be awarded by the commissioner to the lowest responsible bidder for the type of construction selected. In case all bids be rejected, the commissioner may thereafter do the work with commission forces or with prison labor, or may readvertise in the same manner as before and let a contract for such the work pursuant thereto.



NOTE: The purpose of this bill is to abolish the requirement that when the commissioner is about to construct or improve any highway, he or she shall file a copy of the plans and notice that the work is about to be performed with the clerk of the county commission or of the municipality in which the road lies.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.