Chap. 204.—An ACT to amend and re-enact Section 8 of an act entitled “an act
to create a State Highway Commission; to provide for a chairman thereof;
and to prescribe the powers, duties and the compensation of the commission
and chairman; and to provide for a State Highway Commissioner; to create
road construction districts; to provide for the apportionment among them
of road construction funds, and to provide for road construction, improve-
ment, maintenance and preservation, also to repeal Sections 1962, 1963, 1964,
1965, 1966, 1967, 1968, 1969, 1974 and 1975 of the Code of Virginia, and to
repeal an act entitled an act to amend and re-enact an act entitled an act
to establish a State Highway Commission; to define its powers and duties;
the term of office, salary and qualifications of the commissioner; to authorize
the commission to call into consultation the professors of engineering in
certain State institutions, and appropriating money to carry the provisions
of this act into effect, approved March 6, 1906; to provide for the appoint-
ment of a commission, and fixing their term of office; to give to said com-
mission the power of eminent demain, the power to make and enforce rules
and regulations governing the traffic and use of the State highway system,
not in conflict with the laws of this State, and to prescribe penalties for the
violation of such rules and regulations, approved September 5, 1919, and to
repeal all other sections of the Code and acts or parts of acts inconsistent
with this act,” approved March 24, 1922, said section relating to the adver-
tising for bids. [S B 357]

Approved March 20, 1936

1. Be it enacted by the General Assembly of Virginia, That section
eight of an act entitled “an act to create a State Highway Commission ;
to provide for a chairman thereof; and to prescribe the powers, duties
and the compensation of the commission and chairman; and to provide
for a State Highway Commissioner; to create road construction dis-
trict; to provide for the apportionment among them of road construc-
tion funds, and to provide for road construction, improvement, main-
tenance and preservation, also to repeal sections nineteen hundred and
sixty-two, nineteen hundred and sixty-three, nineteen hundred and
sixty-four, nineteen hundred and sixty-five, nineteen hundred and
sixty-six, nineteen hundred and sixty-seven, nineteen hundred and
sixty-eight, nineteen hundred and sixty-nine, nineteen hundred and
seventy-four and nineteen hundred and seventy-five of the Code of
Virginia, and to repeal an act entitled an act to amend and re-enact
an act entitled an act to establish a State Highway Commission; to
define its powers and duties; the term of office, salary and qualifica-
tions of the commissioner; to authorize the commission to call into
consultation the professors of engineering in certain State institutions,
and appropriating money to carry the provisions of this act into effect,
approved March sixth, nineteen hundred and six; to provide for the
appointment of a commission, and fixing their term of office; to give to
said commission the power of eminent doman, the power to make and
enforce rules and regulations governing the traffic and use of the State
highway system, not in conflict with the laws of this State, and to pre-
scribe penalties for the violation of such rules and regulations,
approved September fifth, nineteen hundred and nineteen, and to repeal
all other section of the Code and acts or parts of acts inconsistent with
this act,’ approved March twenty-fourth, nineteen hundred and
twenty-two, be amended and re-enacted so as to read as follows:

Section 8. Advertising for bids—AlIl contracts, except in cases of
emergency, over five thousand dollars that the commission may let for
construction, or any other kind of work necessary to carry out the
provisions of this act, shall be let after public advertising. The com-
mission shall advertise for bids for said work at least two weeks (four-
teen days) prior to the letting of any contract therefor. The advertise-
ment shall state the place where bidders may examine the plans and
specifications, and the time and place where bids for said work will be
open by the commission. Each bidder shall accompany his bid with
a certified check, payable to the State Treasurer, for a reasonable
sum to be fixed by the commission, as a guarantee that if the con-
tract is awarded to him, he will enter into a contract with the com-
mission for the construction of the road, or for the doing of the
work mentioned in the bid. The contract shall be let to the lowest
responsible bidder for the particular work covered in the bid, and the
successful bidder shall enter into a bond, payable to the Common-
wealth of Virginia, in the sum of at least thirty per centum of the
estimated cost of the work, which bonds must be approved by the
chairman, and conditioned upon the faithful performance of the work
in strict conformity with the plans and specifications for the same,
which bond shall be kept on file in the office of the State Highway
Commission. The commission is authorized to reject any and all
bids. In the event that all bids are rejected the commission shall
advertise for new bids as in the first instance. All bids filed with the
commission and all contracts awarded by it shall be kept on file in its
office and be public records, subject to inspection at all times, provided,
however, that the commission may, in its discretion, build or maintain,
by force account, any of the roads in the State highway system.

2. An emergency existing, this act shall be in force from its
passage.