Introduced Version
House Bill 2601 History
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Key: Green = existing Code. Red = new code to be enacted
H. B. 2601
(By Delegates D. Poling, Diserio, Staggers, Ellem,
Williams, Jones, Hamilton and Ferro)
[Introduced February 22, 2013; referred to the
Committee on Energy, Industry and Labor, Economic
Development and Small Business then the Judiciary.]
A BILL to amend and reenact §17-4-19 of the Code of West Virginia,
1931, as amended; and to amend and reenact §17-17-7, §17-17-16
and §17-17-17, all relating to certification requirements for
applicators who paint state bridges.
Be it enacted by the Legislature of West Virginia:
That §17-4-19 of the Code of West Virginia, 1931, as amended,
be amended and reenacted; and that §17-17-7, §17-17-16 and §17-17-
17 of said code be amended and reenacted, all to read as follows:
ARTICLE 4. STATE ROAD SYSTEM.
§17-4-19. Contracts for construction, materials, etc.; work by
prison labor, etc.; bidding procedure.
(a) 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 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, That the commissioner may
not be required to award any contract for work, materials or
supplies for an amount less than $3,000. In all the work, the
commissioner shall utilize state road forces or prison labor and
state road equipment and shall manufacture, process and assemble
all the materials and supplies for the work whenever and wherever
the commissioner, in his or her discretion, finds work and services
advantageous, economical and practicable in the state road program.
(b) 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 the
publication shall be the county or municipality in which the road
lies.
(c) The advertisement shall also be published at least once in
at least one daily newspaper published in the city of Charleston
and in other journals or magazines as may to the commissioner seem
advisable. The advertisement shall solicit sealed proposals for
the construction or other improvement of the road, and for the
furnishing of materials therefor, accurately describing the same, and stating the time and place for opening the proposals and
reserving the right to reject any and all proposals: Provided,
That whenever the estimated amount of any contract for work or for
materials or supplies is less than $3,000, the commissioner may not
be required to advertise the letting of 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 the advertisement, but the
contract may not be so awarded unless the bid of the successful
bidder is $3,000 or less.
(d) The commissioner shall have the power to prescribe proper
prequalifications of contractors bidding on state road construction
work: Provided, That a vendor who has been debarred pursuant to
the provisions of sections thirty-three-a through thirty-three-f,
article three, chapter five-a of this code, may not bid on or be
awarded a contract under this section.
(e) To all sealed proposals there shall be attached the
certified check of the bidder or bidder's bond acceptable to the
commissioner, in the amount as the commissioner shall specify in
the advertisement, but not to exceed five percent of the aggregate
amount of the bid; but the amount shall never be less than $500.
The proposals shall be publicly opened and read at the time and
place specified in the advertisement, and the contract for 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.
(f) 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 the work pursuant thereto.
(g) Whenever the construction, reconstruction or repair of a
state bridge necessitates the painting thereof, such application
shall be conducted by workers, whether state employee or
contractor, who have successfully completed the SSPC Coating
Application Specialist (CAS) Program.
__________ARTICLE 17. TOLL BRIDGES.
§17-17-7. Purchase, construction or repair of toll bridge.
(a) When it is necessary to build or repair a toll bridge on
any county-district road, or to purchase any existing toll bridge
on such road within any county, or across the boundary thereof, the
county court commission of the county may contract for the same, or
any part thereof, on such terms as may be agreed upon, and take
bond and security from the contractors in the sum of fifty percent
of the amount of such contract, and pay for the same out of the
County Road Fund or out of the road funds of the district or
districts in which such improvement is located, or by issuing bonds
for the amount that may be agreed upon; and to this end the court
shall appoint a competent engineer to make a thorough investigation and estimate of the cost of such improvement. Upon receiving the
estimate of cost, the court, if satisfied with the correctness of
same and the necessity and importance of such improvement, may
advertise for and receive proposals and make such other orders in
the premises from time to time as shall be necessary and proper.
(b) Whenever the construction, reconstruction or repair of a
state toll bridge necessitates the painting thereof, such
application shall be conducted by workers, whether state employee
or contractor, who have successfully completed the SSPC Coating
Application Specialist (CAS) Program.
§17-17-16. Repair of toll bridge before purchase.
(a) At or before the time any such bridge shall be acquired by
purchase the state road commissioner, he or she shall determine
what repairs, replacements, additions or betterments will be
necessary to place the bridge in safe and efficient condition for
the use of the public, and to cause an estimate of the cost of such
improvement to be made and submitted to the commissioner by an
engineer or engineers appointed by the commissioner. Such
improvements shall be ordered by the commissioner before the sale
of any bridge revenue bonds hereinafter authorized for the purchase
of the bridge, and shall be paid for out of the proceeds of such
bonds.
(b) Whenever the construction, reconstruction or repair of a
state toll bridge necessitates the painting thereof, such application shall be conducted by workers, whether state employee
or contractor, who have successfully completed the SSPC Coating
Application Specialist (CAS) Program.
§17-17-17. Construction of toll bridge; purchase of land, etc.,
therefor.
(a) The State Road Commissioner may construct, whenever he or
she shall deem such construction expedient, but solely by means of
or with the proceeds of the bridge revenue bonds hereinafter
authorized, any toll bridge or bridges over and across any river or
stream lying wholly or partly within the state or forming a
boundary of the state, of such design or designs and at such place
or places as may be approved by the State Road Commission. The
commissioner may purchase within this state and within any
adjoining state, solely from funds provided under the authority of
this article, such lands, structures, rights of way, franchises,
easements and other interests in lands, including lands under water
and riparian rights of any person, railroad or other corporation or
municipality or political subdivision, deemed necessary for the
construction of any such bridge, upon terms and at such prices as
may be considered by him or her to be reasonable and can be agreed
upon between him or her and the owner thereof, title thereto to be
taken in the name of the state.
(b) Whenever the construction, reconstruction or repair of a
state toll bridge necessitates the painting thereof, such application shall be conducted by workers, whether state employee
or contractor, who have successfully completed the SSPC Coating
Application Specialist (CAS) Program.
NOTE: The purpose of this bill is to require that all workers
who paint state bridges have successfully completed the SSPC
Coating Application Specialist (CAS) Program.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.