reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 156 - Public Employees Grievance Board › Title 156 - PROCEDURAL RULE WEST VIRGINIA PUBLIC EMPLOYEES GRIEVANCE BOARD › Series 156-02 - Notice And Conduct Of Meetings › Section 156-2-5 - Meeting by Conference Call

Current through Register Vol. XLI, No. 28, July 12, 2024
Occasions may arise when one or more Board members are not available to attend a meeting in person. On such occasions, members may attend and participate in the meeting by telephone or video teleconference to the same extent as if physically present. A speakerphone or other audio/video device shall be used at the meeting site to enable those present, including the public, to hear/see the members who are attending and participating by telephone or video teleconference.
West Virginia Code of State Rules › Agency 157 - Highways › Title 157 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS › Series 157-01 - Rules Relating Generally to Various Functions of the Commissioner of Highways › Section 157-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				procedural rule addresses various functions of the office of the Commissioner
				of Highways and is submitted pursuant to the provisions of W. Va. Code
				§29A-3-3.
1.2. Authority. -- W. Va. Code
				§§17-2A-4b and 8.
1.3. Filing Date. - July 26, 2023
1.4. Effective Date. -- August 28,
				2023
West Virginia Code of State Rules › Agency 157 - Highways › Title 157 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS › Series 157-01 - Rules Relating Generally to Various Functions of the Commissioner of Highways › Section 157-1-2 - Commissioner's Orders

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Purpose.
				The purpose of this section is to establish a system by which all orders of the
				Commissioner of Highways are permanently recorded and maintained in a manner
				that is conveniently accessible.
2.2. Scope of Commissioner's Order. The
				orders of the Commissioner of Highways are official determinations or decisions
				which relate to the internal management and organization of the Division of
				Highways, or to a specific person or group of persons, or to the public in
				general.
2.3. Commissioner's Order
				Database. The Commissioner of Highways maintains in his office a record of all
				orders issued by him or her, designated as the Commissioner of Highways' Order
				Database. All orders issued by the Commissioner during each day shall be
				entered therein, and all orders shall be formatted and archived in a way which
				affords access to each order issued by the Commissioner.
2.4. Effective Date. Each order of the
				Commissioner of Highways filed in the Commissioner's Order Book, is effective
				immediately upon filing, unless provided by law or in the order.
2.5. Copies of Commissioner's Orders;
				Distribution. The Commissioner of Highways shall provide a certified copy of
				any Commissioner's Order, upon request to any person who is directly affected
				by an order. In addition to any person requesting a copy of an order, the
				Commissioner may furnish copies to any governmental agency, person, firm, or
				organization to provide notice of the order.
West Virginia Code of State Rules › Agency 157 - Highways › Title 157 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS › Series 157-01 - Rules Relating Generally to Various Functions of the Commissioner of Highways › Section 157-1-3 - Hearing Procedures

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
				Purpose. The purpose of this section is to provide standards of conduct for all
				hearings by and before the Commissioner of Highways.
3.2. Scope. This section applies to hearings
				conducted by the Commissioner of Highways concerning the rights of citizens
				which may be adversely and directly affected by an action of the Commissioner
				except as provided in §3.2.a of this rule. A hearing may be initiated by
				the Commissioner or a citizen.
3.2.a. This
				section does not apply to claims heard and determined by the West Virginia
				Legislative Claims Commission. Nor does it apply to hearings and public
				meetings held by the Commissioner for purposes of acquiring information, making
				findings, and determining courses of action and procedure relative to the
				location of any road or proposed road, or to the advancement and improvement of
				the state road system.
3.2.b. This
				section will be applied in harmony with applicable state statutes and in case
				of conflict, state statutes shall prevail.
West Virginia Code of State Rules › Agency 157 - Highways › Title 157 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS › Series 157-01 - Rules Relating Generally to Various Functions of the Commissioner of Highways › Section 157-1-4 - Scholarships for Prospective Division of Highways Personnel

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. General. Pursuant to the provisions of
				W. Va. Code §17-2A-4b, the Commissioner of
				Highways is authorized to award scholarships to competent persons, whether
				employed by Division of Highways or not, for the purpose of enabling and
				encouraging them to attend a college or university to pursue such course of
				study as may be approved by the Commissioner of Highways, to aid in attracting
				and holding competent personnel for the Division of Highways. No more than 15
				students may hold such scholarships at any one time.
4.2. Eligibility. To be eligible for a
				scholarship, an applicant must:
4.2.a. have a
				minimum overall (cumulative) college grade point average (GPA) of 2.50 on a
				four-point scale;
4.2.b. be
				enrolled in an accredited college or university program within the State of
				West Virginia seeking a degree in engineering, computer sciences, accounting, a
				doctor of juris prudence, or other programs for professionals and
				para-professionals which have an application to some aspect of the activities
				of the Division of Highways;
4.2.c.
				declare an intent to work for the Division of Highways immediately following
				the date of the receipt of an eligible degree;
4.2.d. complete and file, as referenced in
				this rule, an application as well as comply with all other requirements adopted
				by the Commissioner of Highways;
4.2.e. be a Division of Highways Co-op
				student in good standing for at least one year; and
4.2.f. be entering the junior year of college
				in degree program of study or second year of law school.
West Virginia Code of State Rules › Agency 157 - Highways › Title 157 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS › Series 157-01 - Rules Relating Generally to Various Functions of the Commissioner of Highways › Section 157-1-5 - Location, Relocation, Classification or Reclassification of State Roads

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. General.
				Pursuant to the provisions of W. Va. Code §17-2A-8(3), the
				Commissioner of Highways may conduct investigations and experiments, and he or
				she may hold formal or informal hearings or other public meetings and
				conferences for the purpose of acquiring information from which he or she can
				determine future courses of action and procedure relative to the state road
				system.
5.2. Commissioner's Order;
				Distribution. When the Commissioner has received the results of any engineering
				study or survey, or investigation, or when as the result of any hearing, public
				meeting or conference, he or she determines the location, relocation,
				classification or reclassification or designation by number of any road in this
				state, he shall set forth his or her conclusions in an order and entered into
				the Commissioner's Order Book to be retained as a permanent record of his or
				her conclusions and his or her actions regarding any such road. All orders of
				the Commissioner are effective immediately upon being signed and entered in the
				Commissioner's Order Book.
5.2.a. Copies of
				Commissioner's Order. Copies of any such order of the Commissioner shall be
				sent to the office of the District Manager of the District wherein any such
				road is located and shall be available for public inspection during all normal
				business hours. The Commissioner may also send copies of any order to any
				public officials or private persons or groups as he or she may feel will
				provide adequate public notice of his or her action.
West Virginia Code of State Rules › Agency 157 - Highways › Title 157 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS › Series 157-01 - Rules Relating Generally to Various Functions of the Commissioner of Highways › Section 157-1-7 - Procurement Procedures for Negotiated Contracts

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Purpose. To set forth procedures for
				negotiated contracts to ensure that a qualified consultant is obtained through
				an equitable selection process and that prescribed work is properly
				accomplished in a timely manner at a just and reasonable cost pursuant to
				23 CFR
				172 for federally funded work and pursuant to
				W. Va. Code §5G-1, et seq., for state funded work.
7.2. Application. This rule applies to all
				design services and design related service contracts financed with federal-aid
				highways funds and contracts authorized under procedures codified in State
				statutes funded by State funds such as:
* project management
* construction management and inspection
* feasibility studies
* preliminary engineering
* design engineering
* design
* engineering
* surveying
* mapping
* architectural
* materials, inspection, sampling, and testing
* archaeological investigation
* historic investigation
* related services to any above
7.2.a. When it is necessary to utilize the
				services of a consultant, the Division Director or the District Manager will
				submit the reasons for so doing through appropriate channels to the
				Commissioner, or designee, for approval. The request will also indicate whether
				competitive or non-competitive selection is appropriate. Competitive selection
				must be used for all federally funded work. Non-competitive selection may be
				used on state funded work, provided that in all non-competitive selections,
				justification must be demonstrated in accordance with the procedures of
				Subsection 7.7 of this Rule.
7.2.b.
				The West Virginia Department of Transportation, Division of Highways, policy
				requires that Disadvantaged Business Enterprises shall have the maximum
				opportunity to participate in the performance and award of contracts, whether
				financed in whole or in part with Federal funds in accordance with the Division
				of Highways; Disadvantaged Business Enterprise Program.
West Virginia Code of State Rules › Agency 157 - Highways › Title 157 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS › Series 157-02 - Disposal, Lease And Management Of Real Property And Appurtenant Structures And Relocation Assistance › Section 157-2-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule governs the disposal, lease and management of real property and
				appurtenant structures, and relocation assistance for persons dislocated by
				highway construction.
1.2.
				Authority. -- W.Va. Code §
									17-2A-8, §
									17-2A-17, §
									17-2A-19, and §
									17-2A-20.
1.3. Filing Date. -- April 4, 2023
1.4. Effective Date. -- April 4,
				2023
1.5. Sunset Provision -- This
				rule shall terminate and have no further force or effect on August 1,
				2028.
West Virginia Code of State Rules › Agency 157 - Highways › Title 157 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS › Series 157-02 - Disposal, Lease And Management Of Real Property And Appurtenant Structures And Relocation Assistance › Section 157-2-2 - Sale, Exchange or Lease of Real Property and Structures

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Relocation and Property Management
				Section of the Right of Way Division. -- The sale, exchange, or lease of real
				property or any interest or right therein or any structure thereon, held by the
				Department of Transportation, Division of Highways, shall be under the control
				and management of the Relocation and Property Management Section of the Right
				of Way, Division of the Division of Highways.
2.2. District Office. -- In each District
				Office, the District Right of Way Manager or his or her designee shall perform
				the duties and functions relating to the sale, exchange or lease of real
				property, any interest therein, or structures thereon, within the
				District.
2.3. Excess Real Estate.
				-- Excess real estate, as used in this rule, means any real property or any
				interest or right therein, which is held by the Division of Highways and which
				is not necessary or desirable for present or presently foreseeable future state
				road purposes, or any directly or indirectly related purposes connected with
				the construction, maintenance or operation of state roads. The Commissioner of
				Highways has exclusive authority to designate excess real property. All deeds
				transferring any interest owned by the Division of Highways shall be quitclaim
				deeds.
2.4. Temporary Disposition.
				- Temporary disposition of real property or any interest therein, not needed
				for state road purposes, may be either by lease or permit.
2.5. Permanent Disposition.
2.5.1. Excess real estate may be permanently
				disposed of by:
2.5.1.a. Exchange for other
				real property needed for any state road purpose.
2.5.1.b. Public sale.
2.5.1.c. Abandonment. In the usual instance
				will apply only to road right of way easement.
2.5.1.d. Private negotiated sale at fair
				market value to the principal abutting landowners.
West Virginia Code of State Rules › Agency 157 - Highways › Title 157 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS › Series 157-02 - Disposal, Lease And Management Of Real Property And Appurtenant Structures And Relocation Assistance › Section 157-2-3 - Exchange of Real Property

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
				Property Not Necessary for Road Purposes. -- Any real property, or any part
				thereof, or any interest or right therein the Commissioner determines is not
				necessary or desirable for present or presently foreseeable state road purposes
				may be exchanged for other real property, or any interest or right therein,
				which is determined by the Commissioner to be necessary or desirable for
				present or presently foreseeable state road purposes.
3.2. Property Necessary for Road Purposes. --
				Any real property, or any part thereof, or any interest or right therein, even
				though it may be necessary or desirable for present or presently foreseeable
				state road purposes, may be exchanged for other real property, or any interest
				or right therein, in close proximity thereto which the Commissioner determines
				to be of equal or superior useful value for present or presently foreseeable
				future state road purposes.
3.3.
				Appraisal. -- Any exchange of real property, or any interest therein, must be
				based on an approved appraisal of each separate property involved, and a
				determination by the Right of Way Chief Appraiser or his or her designee for
				the Commissioner of Highways at the fair market value of the property. The
				Director of the Right of Way Division shall make a recommendation to the
				Commissioner as to whether the property the Commissioner desires to acquire by
				exchange is of equal or superior useful value for present or presently
				foreseeable future state road purposes as the property already owned by the
				Division.
3.4. Difference in Value.
				-- The Commissioner of Highways may pay or require payment of any substantial
				difference in the value of the properties being exchanged and may move or pay
				the cost of moving buildings, structures, or appurtenances in connection with
				any such exchange.
West Virginia Code of State Rules › Agency 157 - Highways › Title 157 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS › Series 157-02 - Disposal, Lease And Management Of Real Property And Appurtenant Structures And Relocation Assistance › Section 157-2-4 - Public Sale of Excess Real Property

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Public sales of excess real property
				shall be in accordance with this section. In conformity with state and federal
				law, all property shall be sold in a manner which will bring the highest and
				best price.
4.2. Auction. -- Excess
				real property, or any interest or right therein or structure thereon, not
				purchased by an abutting landowner or public body in a negotiated sale or which
				was not acquired for use, or used, as a highway, shall be sold at public
				auction in the county in which the real property, or the greater part by value,
				is located. Such sale shall be made as provided by law and this rule.
				Conveyance of real property by the Division of Highways to other public bodies
				may be handled on a negotiated basis. Any public body which requires the
				Division of Highways to purchase real property for highway purposes at fair
				market value shall be required to purchase excess real property from the
				Division of Highways at fair market value. Such conveyances are subject to the
				approval of the Board of Public Works.
4.3. Published Notice of Auction. -- Notice
				of public auction of excess real property shall be published on three different
				days in a newspaper of general circulation in the county in which the real
				property, or a part thereof, is situate.
4.3.a. The first publication of the notice
				shall be at least 20 days prior to the date of the public sale.
4.3.b. The notice shall set forth the time,
				place, date and terms of the proposed sale and a general description of the
				real property to be offered for sale.
4.3.c. The notice shall clearly state that
				the Division of Highways reserves the right to reject any or all bids received
				at a sale.
4.3.d. An affidavit of
				publication of notice, or a copy of the published notice, shall be obtained and
				filed with the Right of Way Division Office.
West Virginia Code of State Rules › Agency 157 - Highways › Title 157 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS › Series 157-02 - Disposal, Lease And Management Of Real Property And Appurtenant Structures And Relocation Assistance › Section 157-2-5 - Disposition of Structures

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				Methods of Disposing of Structures. -- Structures which are not needed for road
				purposes, but which are situated on land required for present or future
				contemplated road needs shall be disposed of by the following methods:
5.1.1. Retention by former owner as a part of
				the consideration of acquisition of the land; or
5.1.2. Public sale; or
5.1.3. Letting a demolition contract;
				or
5.1.4. Giving to a local public
				agency; or
5.1.5. Removal by
				Division of Highways maintenance forces; or
5.1.6. Inclusion in the prime construction
				contract.
West Virginia Code of State Rules › Agency 157 - Highways › Title 157 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS › Series 157-02 - Disposal, Lease And Management Of Real Property And Appurtenant Structures And Relocation Assistance › Section 157-2-6 - Persons Ineligible to Purchase Real Property or Structures from the Division of Highways

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1.
				Employees of the Division of Highways. -- No employee of the Division of
				Highways, or his or her immediate family, is eligible to bid, either directly
				or indirectly on any real property or structure offered for sale by the
				Division of Highways.
West Virginia Code of State Rules › Agency 157 - Highways › Title 157 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS › Series 157-02 - Disposal, Lease And Management Of Real Property And Appurtenant Structures And Relocation Assistance › Section 157-2-8 - Rental of Property from Other Persons

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. General. -- The Division of Highways may
				lease real property from other persons upon the written recommendation of the
				District Manager and the Director of the Right of Way Division and with the
				written approval of the Commissioner of Highways. If the property to be rented
				is for use of a Headquarters Division, the approval of the District Manager is
				not required. When recommended and approved, the amount of the rental shall be
				approved in writing by the Commissioner of Highways or his or her
				designee.
8.2. Office Space Leases.
				-- Pursuant to the provisions of West Virginia Code §5A-5,
et
				seq.,
as amended, office space is leased for the Division of Highways
				by the Commissioner of Administration upon receipt of proper requisition from
				the Commissioner of Highways.
West Virginia Code of State Rules › Agency 157 - Highways › Title 157 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS › Series 157-02 - Disposal, Lease And Management Of Real Property And Appurtenant Structures And Relocation Assistance › Section 157-2-9 - Damage by Owner or Occupant

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. General. -- The owner or occupant of
				real property acquired by the Division of Highways who continues to do so by
				permission after the date of acquisition is responsible for all damages to or
				loss of the improvements which result from the negligent or willful actions of
				the owner or occupant.
9.2.
				Adjustment of Damages. -- If the owner or occupant does not pay for damages to
				the property, the Commissioner of Highways or his or her designee, shall
				determine the value of the missing or damaged property and make appropriate
				adjustment into the settlement price. If satisfactory adjustment is not made,
				the Legal Division shall take whatever action is necessary to protect the
				State's interest.
West Virginia Code of State Rules › Agency 157 - Highways › Title 157 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS › Series 157-02 - Disposal, Lease And Management Of Real Property And Appurtenant Structures And Relocation Assistance › Section 157-2-10 - Relocation Assistance

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1.
				Incorporation of Federal Regulations.
10.1.1.
				Federal Aid Highway Projects -- The West Virginia Division of Highways adopts
				and incorporates by reference, the provisions, procedures, and regulations
				promulgated by the Federal Highway Administration of the United States
				Department of Transportation as they relate to federal aid highway projects,
				contained in 49 CFR Part 24.
10.1.2. State Highway Projects -- The West
				Virginia Division of Highways adopts and incorporates by reference, the
				provisions, procedures and regulations promulgated by the Federal Highway
				Administration of the United States Department of Transportation, insofar as
				they define terms, and relate to advisory assistance and relocation payments
				for state highway projects, contained in 49 CFR Part 24.
West Virginia Code of State Rules › Agency 157 - Highways › Title 157 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS › Series 157-03 - Construction And Reconstruction Of State Roads › Section 157-3-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule relates to the construction and reconstruction of state roads.
1.2. Authority. -- W. Va. Code
				§§
									17-2A-8 and 17-4-19.
1.3. Filing Date. -- March 28, 2024
1.4. Effective Date. -- March 28,
				2024
1.5. Sunset Provision. - This
				rule shall terminate and have no further force or effect on August 1,
				2029.
West Virginia Code of State Rules › Agency 157 - Highways › Title 157 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS › Series 157-03 - Construction And Reconstruction Of State Roads › Section 157-3-3 - Plans and Specifications for the Construction and Reconstruction of State Roads

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. General
				Purposes. This series of rules is promulgated pursuant to W. Va. Code
				§
									29A-1-2 to provide Legislative rules to make specific the procedures
				in relation to the construction and reconstruction of roads and bridges and
				furnishing of materials and supplies to the commissioner and to govern
				contracts pertaining thereto pursuant to the provisions of W. Va. Code
				§
									17-4-19, 1931, as amended.
3.2. Preparation of Plans and Specifications.
				The Commissioner of Highways, either through his or her staff employees or
				through consultants, shall prepare all plans and specifications for the
				construction and reconstruction of state roads. No such plans or specifications
				shall be used by any contractor or by any employee or agent of the State of
				West Virginia for the purpose of constructing, altering, or repairing any state
				road until such plans or specifications have been approved in writing by the
				Commissioner of Highways or his or her authorized representative.
3.2.a. Amendments to Plans and
				Specifications. The plans and specifications for any state road project may be
				altered at any time by the Commissioner of Highways if he or she believes the
				alteration is necessary or desirable for the benefit of the citizens of this
				state.
West Virginia Code of State Rules › Agency 157 - Highways › Title 157 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS › Series 157-03 - Construction And Reconstruction Of State Roads › Section 157-3-4 - Bidding Requirements and Conditions

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Pre-qualification of Bidders. All
				bidders on projects let to contract by the division shall be pre-qualified as
				provided for by rules or regulations, or both, of the commissioner. A
				Certificate of Qualification will be issued by the commissioner fixing the
				amount of incomplete work a contractor may have under contract at any one time
				and the type of work for which the contractor is qualified.
4.1.a. To obtain a Certificate of
				Qualification, the contractor must file an Application containing the
				information as required based on the category of work for which
				prequalification is being requested.
4.1.b. Applications for qualification will be
				accepted by the commissioner until 15 calendar days prior to the date set for
				receiving bids on projects on which the applicant may wish to submit a
				proposal. Award of a certificate may be held in abeyance until such time as the
				commissioner is able to verify all references and satisfy himself or herself as
				to the applicant's qualifications.
4.1.c. No contractor will be issued a
				Certificate of Qualification until the division has had adequate time to review
				and verify the adequacy of the information provided in the "Contractor's
				Prequalification Statement".
4.1.d.
				It is the contractor's responsibility to complete any electronic bidding
				registration from the division, and acquire all the necessary software,
				hardware, and networking capabilities for the electronic bidding
				process.
West Virginia Code of State Rules › Agency 157 - Highways › Title 157 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS › Series 157-03 - Construction And Reconstruction Of State Roads › Section 157-3-5 - Award and Execution of Contract

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Consideration of Proposals. After the
				proposals are opened, read publicly, and published, they will be compared on
				the basis of the summation of the products of the approximate quantities shown
				in the bid schedule by the unit prices. The results of such comparisons will be
				made immediately available to the public after they are presented to the
				Division's award committee. In the event of discrepancy between unit bid prices
				and extensions, the unit bid price shall govern.
5.1.a. The right is reserved to reject any or
				all proposals, to waive technicalities or to advertise for new proposals if, in
				the judgment of the commissioner, the best interests of the State will be
				promoted.
5.1.b. Proposals
				containing special provisions for Disadvantaged Business Enterprise utilization
				will be considered as follows:
5.1.b.1 When
				the low bidder's goal submitted in section C DBE Utilization Certificate, of
				the notice contained in the project proposal, meets or exceeds the contract DBE
				goals, and the division considers the amount of the bid to be reasonable, such
				bidder will be the successful bidder.
5.1.b.2. When the low bidder's goal submitted
				in section C, DBE Utilization Certificate, of the notice contained in the
				project proposal, does not meet the DBE contract goal and the division
				considers the amount of the bid to be reasonable, the bid will be accepted if
				he or she can show that good faith efforts were made prior to the bid to meet
				the contract goals.
5.1.b.3. When
				the low bidder cannot satisfy the division that good faith efforts have been
				made, then this bid may be rejected and the second low bid will be evaluated in
				the same manner. This procedure will continue, evaluating bids in ascending
				order, until either the contract DBE goal is attained or good faith efforts can
				be verified and that bid will be accepted provided the amount thereof is
				considered reasonable by the division.
West Virginia Code of State Rules › Agency 157 - Highways › Title 157 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS › Series 157-03 - Construction And Reconstruction Of State Roads › Section 157-3-6 - Scope of Work

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Intent of
				Contract. The intent of the contract is to provide for the construction and
				completion in every detail of the work described. The contractor shall furnish
				all labor, materials, equipment, tools, transportation, and supplies required
				to complete the work in accordance with the plans, specifications, and terms of
				the contract.
6.1.a. Should any
				misunderstanding arise as to the intent or meaning of the contract, or any
				discrepancy appears therein, the decision of the commissioner shall be
				final.
West Virginia Code of State Rules › Agency 157 - Highways › Title 157 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS › Series 157-03 - Construction And Reconstruction Of State Roads › Section 157-3-7 - Control of Work

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Authority
				of the Engineer. The engineer will decide all questions which may arise as to
				the quantity, quality, and acceptability of materials furnished and work
				performed, and as to the rate of progress of the work; all questions which may
				arise as to the interpretation of the Plans and Specifications; and all
				questions as to the acceptable fulfillment of the contract on the part of the
				contractor. The decision of the engineer will be final.
7.1.a. The engineer will have the authority
				to suspend the work wholly or in part due to the failure of the contractor to
				correct conditions unsafe for the employees or the general public, for failure
				to carry out provisions of the contract, for failure to carry out orders, for
				such periods as he or she may deem necessary due to unsuitable weather, for
				conditions considered unsuitable for the prosecution of the work, or for any
				other condition or reason deemed to be in the public interest. All such
				suspension orders will be directed to the contractor in writing.
7.1.b. The engineer is not authorized to
				increase the obligation of the division to any contract except as
				provided.
West Virginia Code of State Rules › Agency 157 - Highways › Title 157 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS › Series 157-03 - Construction And Reconstruction Of State Roads › Section 157-3-9 - Legal Relations and Responsibility to Public

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Laws to be Observed. The contractor
				shall keep fully informed of all federal and state laws, all local laws,
				ordinances, and regulations and all orders and decrees of bodies or tribunals
				having any jurisdiction or authority, which in any manner affect those engaged
				or employed on the work, or which in any way affect the conduct of the work.
				The contractor shall at all times observe and comply with all such laws,
				ordinances, regulations, orders, and decrees; and shall protect and indemnify,
				defend and hold DOH harmless from any and all claims, liabilities and causes of
				action for any fines or penalties imposed on DOH by any state or federal agency
				because of violation by contractor or any of its subcontractors and/or
				consultants of any state or federal law or regulation.
9.2. Permits, Licenses and Taxes. The
				contractor shall procure all permits and licenses, pay all charges, fees, and
				taxes, and give all notices necessary and incidental to the due and lawful
				prosecution of the work.
9.2.a. The contractor
				shall provide the division with sufficient documentation that all applicable
				taxes have been paid within 120 days of the project acceptance as provided for
				in subsection 7.16 of this rule. The division shall have the right to revoke
				the contractor's prequalification until the contractor provides sufficient
				documentation that all taxes have been paid or are the subject of a timely
				filed dispute currently pending in a court or other body having legal authority
				and jurisdiction to hear the dispute.
West Virginia Code of State Rules › Agency 157 - Highways › Title 157 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS › Series 157-03 - Construction And Reconstruction Of State Roads › Section 157-3-12 - Miscellaneous Provisions

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12.1.
				Common Carrier Rates. The common carrier rates and taxes thereon which are
				current on the date of opening the bids shall be considered applicable to all
				items subject to transportation charges there under.
12.1.a. If such rates or taxes are thereafter
				increased by public authority on any materials entering into and forming a part
				of the contract, an amount equal to the sum of all such increases, when
				evidenced by receipted common carrier bills, will be paid to the contractor by
				the division. All claims for such payments shall be made within 60 days after
				final acceptance of the work.
12.1.b. If such rates or taxes thereafter
				reduced by public authority on any materials entering into and forming a part
				of the contract, an amount equal to the sum of all such decreases, when
				evidenced by receipted common carrier bills, will be deducted by the division
				from the monies due the contractor on the work performed under the
				contract.
12.1.c. When deliveries
				of materials are performed by means other than common carriers, an increase or
				decrease in price will not be allowed or charged for changes in rates or
				methods of delivery.
West Virginia Code of State Rules › Agency 157 - Highways › Title 157 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS › Series 157-03 - Construction And Reconstruction Of State Roads › Section 157-3-13 - Disqualification Suspension, and Revocation of Pre-qualified Contractors

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. General
				Purposes. This section provides procedures regarding the Division of Highways'
				disqualification, suspension, and revocation of pre-qualified contractors in
				instances where there is cause to believe that a pre-qualified contractor is
				not complying with laws or regulations that pertain to the competition for or
				the performance of contract work awarded by the Division of Highways.
13.2. Disqualification. The Commissioner may,
				in his or her sole discretion, disqualify a pre-qualified contractor or its
				affiliates from bidding on division contracts for any of the following causes:
13.2.a. Conviction, judgment or admission of
				a bidding crime. This paragraph includes any admission in the presentation of
				testimony of an unindicted co-conspirator or any admission in testimony
				protected by a grant of immunity to the contractor in any
				jurisdiction.
13.2.b. Conviction,
				judgment or admission of any other crime for an illegal act(s) that pertains to
				competition for or performance of contract work for the division.
13.2.c. Debarment by the Federal Highway
				Administration.
13.2.d. Deliberate
				and repeated violation of regulations promulgated by the Commissioner in
				accordance with the West Virginia Code.
13.2.e. That a vendor who has been debarred
				pursuant to the provisions of W. Va. Code §
										5A-3-33d, may not bid on or be
				awarded a contract.
13.2.f. Any
				other cause affecting the performance of contract work for the division that is
				of a serious and compelling nature.
West Virginia Code of State Rules › Agency 157 - Highways › Title 157 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS › Series 157-04 - Purchase And Disposal Of Materials, Equipment And Supplies › Section 157-4-1 - General

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1.1. Scope. --
				These procedural rules and regulations relate to the purchase and disposal of
				materials, equipment and supplies.
1.2. Authority. -- W. Va. Code §§
									17-24-8, 14,
				15, 24 and 35.
1.3. Filing Date. --
				August 22, 2007.
1.4. Effective
				Date. -- September 22, 2007.
West Virginia Code of State Rules › Agency 157 - Highways › Title 157 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS › Series 157-04 - Purchase And Disposal Of Materials, Equipment And Supplies › Section 157-4-2 - Purchase of Materials, Equipment andSupplies; Registration of Vendors

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2.1. General. The
				purchase of materials, equipment and supplies required for the state road
				program and system is governed by statute. (See Chapter 5A, Article 3, Code,
				Chapter 17, Article 2A, Sections 8, 13, 15 and 17, Code, Chapter 17, Article 4,
				Section 19, Code). Handbook of Purchasing Procedures, compiled by the
				Purchasing Division of Department of Finance and Administration as it applies
				to the Department of Highways. The requirements as to registration of vendors
				are specified by statute. (See Chapter 5A, Article 3, Section 14a, Chapter 17,
				Article 2A, Section 16, Code).
West Virginia Code of State Rules › Agency 157 - Highways › Title 157 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS › Series 157-04 - Purchase And Disposal Of Materials, Equipment And Supplies › Section 157-4-3 - Disposition of Materials, EquipmentandSupplies

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3.1. Manner of Disposition. Obsolete and
				unusable equipment, surplus supplies and other unneeded materials may be
				disposed of either by transfer to other governmental agencies or institutions,
				by exchange or trade, or by sale as junk or otherwise. (Reference, Chapter 17,
				Article 2A, Sections 8 (35) and 14, Code. See also, Chapter 5A, Article 3,
				Section 23, Code).
3.2. Obsolete
				Equipment, Surplus Supplies, Unneeded Materials. Prior to the disposition of
				obsolete and unusable equipment, surplus supplies, and other unneeded
				materials, the Highways Commissioner or his designee shall make a finding that
				such equipment is obsolete or unusable, or that such supplies and materials are
				surplus and not needed for road purposes.
3.3. Inventory Report. The Commissioner shall
				inventory all disposable materials, equipment and supplies from time to time as
				quantity and stocks may warrant, but shall make a complete semi-annual
				inventory thereof as of the 31st day of March and the 30th day of September of
				each year.
(1) Such inventory shall briefly
				describe the disposable items, the purchase price paid therefore, and a brief
				statement of the reasons said items are no longer needed or can no longer be
				used by the Department.
(2) All
				such inventories shall be kept as public records open to public
				inspection.
West Virginia Code of State Rules › Agency 157 - Highways › Title 157 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS › Series 157-05 - Traffic And Safety Rules › Section 157-5-1 - General

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1.1. Scope. -- This
				Legislative rule establishes general rules for the control of traffic and the
				promotion of safety on the public highways. It includes permits for oversize
				trucks and restrictions of when and where such loads may be moved. The rule
				adopts the "Manual on Uniform Traffic Control Devices for Streets and
				Highways". The rule explains that speed zones are set by Order of the
				Commissioner of Highways and sets forth the specifications for the Order. Local
				authorities may request the Commissioner alter a speed zone following the
				process in the rule.
1.2.
				Authority. -- This rule is issued under the authority of W. Va. Code
				§§
									17-2A-8 and 12 and 17C-17, et seq.
1.3. Filing Date. - March 27, 2024
1.4. Effective Date. -- March 27,
				2024
1.5. Sunset Provision. - This
				rule shall terminate and have no further force or effect on August 1,
				2029.
West Virginia Code of State Rules › Agency 157 - Highways › Title 157 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS › Series 157-05 - Traffic And Safety Rules › Section 157-5-2 - Uniform Traffic Control Devices

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				Uniform Sign Manual Adopted. The West Virginia Department of Transportation,
				Division of Highways hereby adopts, insofar as practicable and feasible, as its
				manual and specifications for a uniform system of traffic-control devices, the
				manual, entitled "Manual on Uniform Traffic Control Devices for Streets and
				Highways," prepared in cooperation with the National Committee on Uniform
				Traffic Control Devices, American Association of State Highway and
				Transportation Officials, Institute of Transportation Engineers, National
				Committee on Uniform Traffic Laws, National Association of Counties, National
				League of Cities, adopted by the Federal Highway Administration as a national
				standard for application on all classes of highways, 2009 Edition.
2.2. Standards for Temporary Traffic Control
				Adopted. The West Virginia Department of Transportation, Division of Highways
				hereby adopts, insofar as practicable and feasible, to supersede Part VI of the
				latest edition of the "Manual on Uniform Traffic Control Devices for Streets
				and Highways," adopted by the preceding section, the "Manual on Temporary
				Traffic Control for Streets and Highways 2006" which was prepared by the
				Traffic Engineering Division of the West Virginia Division of
				Highways.
West Virginia Code of State Rules › Agency 157 - Highways › Title 157 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS › Series 157-05 - Traffic And Safety Rules › Section 157-5-3 - Speed Controls

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
				Commissioner's Order. Whenever the Commissioner of Highways has, pursuant to
				the provisions of W. Va. Code §17C-6, et seq., established a speed zone or
				designated a maximum or minimum speed limit, the Commissioner of Highways shall
				enter an order to such effect in the Commissioner's Order Book, in the manner
				provided in Section 2, Rules Relating Generally to the Various Functions of the
				Commissioner of Highways, 157CSR1. The order shall set forth the reasons for
				establishing the speed zone or maximum or minimum speed limit, and whether it
				will be effective at all times or during the hours of daylight or darkness, or
				at other times as the Commissioner of Highways may determine. The order shall
				designate the county route and mileposts in which the speed zone or limit is
				established and shall accurately describe the intersection, highway or part of
				highway, or bridge approach, to which the speed zone or limit applies. The
				description and designation shall be in non-technical terms of reference
				insofar as possible. All references in the order to the boundary of the speed
				zone shall be in terms of reference that may be readily ascertained by an
				examination of any affected road or bridge.
3.2. Erection of Signs Before Speed Limit
				Effective. No speed limit is effective until appropriate signs giving notice
				thereof are erected at the beginning point of the speed zone designating the
				zone and the speed limit to be observed in that zone, and until appropriate
				signs are erected indicating the end of the speed zone, which signs shall also
				indicate the different speed limit as may then be observed.
West Virginia Code of State Rules › Agency 157 - Highways › Title 157 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS › Series 157-05 - Traffic And Safety Rules › Section 157-5-4 - Traffic Regulation by Local Authorities

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Procedure for Establishment of Local
				Traffic Regulations. Whenever local authorities desire to alter a speed zone
				upon a state highway or extension of a state highway in a municipality, they
				shall set forth the reasons for the alteration, the speed limits to be
				observed, and the times the speed limits are effective, and a designation and
				description of the state highway or extension of the state highway in the
				municipality to which the speed limit or traffic regulation is to be
				applicable. The local authority shall send a written request to the
				Commissioner of Highways, and the speed zone or limit established by local
				authorities is not effective until approved by the Commissioner of Highways by
				order entered in his or her Order Book in the same manner as provided in
				Section 3, of this rule. Appropriate signs giving notice of the speed zone or
				limit so established shall be erected. Approved signs shall be erected,
				altered, or removed only by Division forces.
West Virginia Code of State Rules › Agency 157 - Highways › Title 157 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS › Series 157-05 - Traffic And Safety Rules › Section 157-5-5 - Signs

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				Specifications. All signs relating to traffic controls, weight limitations,
				civil defense, safety, and other matters pertaining to use of road rights of
				way, which are erected or placed upon or near any state highway, bridge, or
				street, by the Commissioner of Highways, or any local authority, pursuant to
				any requirement of law or any rule issued by the Commissioner of Highways, or
				pursuant to any order entered by the Commissioner of Highways, shall conform in
				size, shape, color, form, and specifications to those contained in the Manual
				on Uniform Traffic Control Devices for Streets and Highways, described in
				subsection 2.1 of this rule.