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.