All transportation projects governed by this rule are public improvements and are subject to the provisions of W. Va. Code §§ 21-5A-1, et. seq. and 5-22-1, et. seq. All construction, reconstruction, repair or improvement of transportation projects must be awarded by competitive bidding. Competitive bids must be solicited by the governmental entity sponsoring a transportation project for each construction contract in excess of $25,000 in total cost through publication of a Class II legal advertisement, as required by W. Va. Code § 59-3-1, et.seq. 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 circulation published in the City of Charleston. The advertisement must 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 must be publicly opened and read aloud. Construction contracts must be awarded to the lowest qualified responsible bidder who furnishes a sufficient performance and payment bond. The sponsoring governmental entity may reject all bids and solicit new bids for the construction contract. W. Va. Code § 21-1C-1, et.seq. applies to the construction of all transportation projects approved under this Rule.
W. Va. Code R. § 157-10-8