HB 2011 — Road Maintenance Program

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Red = new code to be enacted WEST virginia legislature regular session IntroducedCommittee Substitute for House Bill 2011 By Delegate Summers, Howell, Waxman, Queen, Hamrick, Jennings, Sypolt, Phillips, Cadle, Worrell and Kump [Introduced[Originating Januaryin 18,the 2019;Committee on Government Organization, February 20, 2019] A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto five new sections designated §17-30-1, §17-30-2, §17-30-3, §17-30-4, and §17-30-5 all relating to the creation of the Enhanced Road Maintenance Program;

Referred to the Committee on Technology and Infrastructure then Government Organization.] A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto five new sections designated §17-30-1, §17-30-2, §17-30-3, §17-30-4, §17-30-5, and §17-30-6 all relating to the creation of the Road Maintenance Program;

providing for certain maintenance activities to be performed by private vendor contractors;

and providing an effective date;date.

and providing severability.

Enhanced road maintenance program.

The purpose of the Enhanced Road Maintenance Program established in this article is to allowincrease the utilization of private companiesvendor contractors to provide maintenance services for the Division of Highways in eachdistricts statewhere districtthere is an established need so that this state’s roads will be properly maintained and usable by the citizens of this state. state. 17-30-2.

Creation§17-30-2. of the program;

minimumEstablishment amount of work;the Enhanced Road Maintenance Program.

funds.(a) The Enhanced Road Maintenance Program is hereby created within the Division of Highways, to be administered by the Division in accordance with the provisions of this article.

(b) The Division of Highways is authorized to direct each district to contract with vendor contractors to perform certain road maintenance activities, including but not limited to, pot hole repair, paving, ditching, snow removal, and mowing, on and along each district’s roadways.

(b)(c) Each districtdistrict, as authorized by the division, shall contract with a privatevendor contractor or private contractors to complete a portion of maintenance activities for the district.district, subject, however, to the availability of funds and the availability of acceptable bids from contract vendors.

(c) Each district must use funds appropriated by the Division of Highways or additional funds provided by the Division of Highways for the purpose of contracting with a private contractor or private contractors to perform certain maintenance activities for the district.

PurchasingDistrict requirements.maintenance plans;

(a)purchasing Wheneverrequirements. a district reasonably anticipates a contract for services under §17-30-2 of this code, the purchase or contract shall be based on competitive bids based on mileage or feet, whichever is feasible for the contract to be performed.

The(a) Each district mayis solicitrequired bidsto ordevelop pricea quotesmaintenance inplan anyfor manner that the Divisiondistrict.  ofBy HighwaysDecember deems1, appropriate2019, and theby December 1 of each year thereafter, each district shall obtaincomplete itsa commoditiesreview orof servicesthe byproposed themaintenance lowestprojects responsibleand bidder.work to determine what work and projects were not completed during the previous year.

(b)If Thethe district mayhas solicitnot sealedcompleted bidsany of the maintenance that was proposed for suchcompletion commoditiesin orthe services: Provided, Thatprevious year, the district mayshall permitsolicit bids byand, electronicto transmissionthe beextent acceptedfunds inare lieuavailable and acceptable bids are submitted, contract with vendors by February of sealedthe bids.following year to complete work and projects that were proposed for the previous year that have not been performed or completed.

Bids(b) shallEach bedistrict solicitedmust byuse publictheir notice.allocated funds for the purpose of contracting with a vendor to perform certain maintenance activities for the district.  In the event the district has fully utilized their annual allocation, the Division of Highways may supplement the district in need, only if additional funds are available to do so.

The(c) noticeBy shallDecember be1, published2019, aseach adistrict Classshall IIhave legal advertisement in allplace participatinga countiesmechanism into compliancesolicit withbids thefrom provisionsvendor ofcontractors. §59-3-1 et seq.

Each mechanism shall include submission of thisthe codesuccessful andbid byto suchthe otherGovernor meansin asthe form and manner prescribed by the DivisionGovernor offor Highwaysrejection deemswithin appropriate.five days of receipt.

TheIf noticerejected, shall state the generaldistrict charactermay ofselect theanother workbid andfrom general character of the materialsavailable topool bewithout furnished,rebidding the placecontract. where plans and specifications therefor may be examined, and the time and place of receiving bids.

After(d) allNotwithstanding bidsany areother received,provision of this code to the districtcontrary, shallthe enterbidding intoand avendor writtencontracting contractprocess provided for in this article shall be conducted in accordance with the lowestmost responsibleefficient bidder;procedures available to the Division of Highways.

however,The theDistrict district may rejectonly anyrequire or all bids that failthe tovendor meetprovide the specificationsminimum requiredamount byof theinsurance districtcoverage, orand thatbond exceedand thesurety district’scoverage budgetthat estimationis forrequired thoseby commoditieslaw. or services.

If(e) theVendor districtcontractors determinesperforming inwork writingpursuant thatto therea iscontract onlypursuant oneto responsivethis andarticle responsibleshall bidderfollow andall thatwork, thereoperating hasand beensafety sufficientprocedures publicand noticerequirements toprescribed attractby competitive bids, the Division of HighwaysHighways. may negotiate the price for a noncompetitive award or the specifications for a noncompetitive award based solely on the original purpose of the solicitation.

(c)(f) ThePotential districtvendors maydesiring requireeligibility theto vendorscontract to postperform aand bond,provide withsnow formremoval andon suretypublic toroads bewith approveda bytruck theequipped Divisionwith ofa Highways,snow inplow anshall amountprovide equalthe todistrict atwith leastevidence 50 percent of the contractappropriate pricedriver’s conditionedlicense upon faithful performance and completionendorsements offor theeach contract.operator.

Each operator that has not provided evidence of appropriate experience to the district shall satisfactorily complete a road test, to be determined by district personnel, to demonstrate competency in the skills necessary to perform the work in a safe and workmanlike manner.

Legislative Auditor review;review.

(a) By November 1, 2019, and on November 1 of each year thereafter, the Division of Highways shall present a report to the Legislative Oversight Commission on Department of Transportation Accountability as to the status and progress of the program automaticallytogether continued.with any suggested legislation to address any issues related thereto no later than November of the following fiscal year.

(a) At the end of the first three fiscal years following the effective date of this article, the Division of Highways shall present a report to the Interim Committee on Government Operations no later than November of the following fiscal year.

(b) TheBy December 1, 2019, and by December biennially thereafter, the Legislative Auditor willin a separate audit report, shall review the program to determine efficacy, economic responsibility, and other such factors relating to the program threeand yearssubmit aftera report of his or her findings, together with any suggested legislation to improve the effectiveefficiency date.and to more economically carry out the purposes of this article.

After the initial review, the Legislative Auditor shall have the power to review the program to ensure efficient operations, economic responsibility, and any other factors for the continued success of the program.

(c) The Road Maintenance Program will continue indefinitely until an act of the Legislature terminates the program.

§17-30-6.

Severability.

The provisions of this article are severable and accordingly, if any part of this article is adjudged to be unconstitutional or invalid, that determination does not affect the continuing validity of the remaining provisions of this article.

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