West Virginia Code § 17-28-9

Qualifying a transportation project as a public improvement
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All transportation projects authorized under this article are public improvements and are
subject to article five-a, chapter twenty-one of this code. Article twenty-two, chapter five of
this code applies to all transportation projects authorized under this article. All construction,
reconstruction, repair or improvement of transportation projects under this article will be
awarded by competitive bidding. Competitive bids are to be solicited by the egovernmental
entity sponsoring a transportation project for each construction contract in excess of
$25,000 in total cost. Competitive bids must be solicited by the sponsorring governmental
entity through publication of a Class II legal advertisement, as required by article three,
chapter fifty-nine of this code, and the publication area is the county or municipality where
the transportation facility is to be located. The advertisement must also be published as a
Class II advertisement in a newspaper of general circulationt published in the city of
Charleston. The advertisement is to include the solicitations of sealed proposals for the
construction of the transportation project, stating the time and place for the opening of bids.
All bids will be publicly opened and read aloud. Construction contracts must be awarded to
the lowest qualified responsible bidder, who furnishes a sufficient performance or payment
bond. The sponsoring governmental entity has the right to reject all bids and solicit new bids
for the construction contract. Article one-c, chapter twenty-one of this code applies to the
construction of all transportation projects approved under this article.

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