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2001 SESSION
019154220Be it enacted by the General Assembly of Virginia:
1. That § 33.1-191 of the Code of Virginia is amended and reenacted as follows:
§ 33.1-191. Contracts.
Every contractor whose bid is accepted shall, before commencing work, enter
into a contract with the Commonwealth Transportation Commissioner, which shall
fully set out the time when work shall commence and when the contract shall be
completed, as well as the time and manner for the payment for the work. [ The
contract shall require that the contractor comply with all requirements, conditions,
and terms of the contract, including but not limited to environmental permits that
are part of the contract. If the contractor violates a contract provision that
results in environmental damage, or violates environmental laws or
environmental permits, the Department may recover either (i) the loss or damage
that the Department suffers as a result of such violation, or (ii) any
liquidated damages established in such contract, plus (iii) reasonable
attorney's fees and expert witness fees. Any damages and costs collected under
this section shall be deposited into the Transportation Trust Fund and used for
transportation purposes as determined by the Commonwealth Transportation Board.
] Whenever the Commissioner or his designee publicly opens and announces all
bids received for each invitation to bid, it shall be announced at the same time if the
lowest read bid exceeds the maximum tolerance of the Department's estimate for
the work represented by that bid.
[ Every contractor whose bid is accepted and enters into a contract with the
Department pursuant to this section, shall comply with all requirements, conditions, and
terms of the contract, including but not limited to environmental permits that
are part of the contract. If the contractor violates a contract provision that
results in environmental damage, environmental laws or environmental permits,
the Department may recover the Department's costs associated with the violation
and assess penalties against the contractor. Such penalties may include, but
shall not necessarily be limited to imposition of civil penalties, suspension
from bidding, and/or debarment. The Department may provide for such penalties
by terms of contracts or by Departmental policies or both. The Assistant
Commissioner for the Environment, Transportation Planning, and Regulatory
Affairs shall administer any such program of penalties as authorized by this
section. Any civil penalties imposed and collected under this section shall be
deposited into the Transportation Trust Fund and used for transportation
purposes as determined by the Commonwealth Transportation Board. Any civil
penalties imposed under this section shall be pursuant to specifications or
policies adopted by the Department, and shall not be applied to violations that
occurred before such specifications or policies were adopted. ]