SB553 SUB1
Senate Bill 553 History
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COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 553
(By Senators Beach, McCabe, Miller and Stollings)
____________
[Originating in the Committee on Transportation and
Infrastructure; reported March 20, 2013.]
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A BILL to amend and reenact §17-2D-2 and §17-2D-5 of the Code of
West Virginia, 1931, as amended, all relating to the
continuation of the Highway Design-Build Pilot Program;
changing the name to the Highway Design-Build Program
;
removing the sunset date of the program; modifying limitations
on design-build projects; requiring identification of design-
build projects; modifying reporting requirements; and
requiring annual reporting.
Be it enacted by the Legislature of West Virginia:
That §17-2D-2 and §17-2D-5 of the Code of West Virginia, 1931,
as amended, be amended and reenacted, all to read as follows:
ARTICLE 2D. HIGHWAY DESIGN-BUILD PROGRAM.
§17-2D-2. Highway Design-Build Program.
(a) Notwithstanding any provision of this code to the contrary, the Commissioner of the West Virginia Division of
Highways may continue with the pilot program to expedite the
construction of no more than ten special projects after the
effective date of the amendment to this article in the regular
session of 2011, in addition to the three projects authorized by
prior enactment of this section, by combining the design and
construction elements of a highway or bridge project into a single
contract as provided in this article.
(b) A design-build project may not be let to contract after
June 30, 2013. The Division of Highways may expend no more than
$75 $50 million in each of the two years remaining year in the
pilot program after the effective date of the amendment to this
article in the regular session of 2011: Provided, That if any of
the $75 $50
million is unused in the first one year, the remaining
amount may be applied to the following year's amount: Provided,
however, That the total aggregate amount to be expended after the
effective date of the amendment to this article in the regular
session of 2011 may not exceed $150 million in any one year.
(c) A design-build project may be let to contract only in
accordance with the commissioner's established policies and
procedures concerning design-build projects.
____(d) After June 30, 2013, projects may not be let under the
provisions of this article unless the West Virginia Legislature
either approves additional projects or makes the program permanent.
(e) (d) Projects receiving special funding above the amount of
regular federal core funding
as appropriated to the state by
formula in a federal highway authorization, currently titled MAP-
21, may utilize the pilot program, but shall not be included in the
total number of projects or expenditure limits provided by
subsections subsection (a) and (b) of this section.
(f) (e) Effective after the effective date of the amendment to
this article in the regular session of 2011, no No consultant
engineer who prepares preliminary plans, planning reports or other
project development products for a project pursuant to the
provisions of this section may participate in the construction of
that project.
The commissioner shall identify each design-build
project within the statewide Transportation Improvement Program
(STIP) as a design-build project prior to entering into an
agreement with the consultant engineer hired to prepare preliminary
plans for such project.
§17-2D-5. Report to the Legislature.
On or before December 1, 2013, January 15, 2014, and annually
thereafter, the commissioner shall prepare and submit to the Joint
Standing Committee on Government Organization and Finance a written
report evaluating the experience of the Division of Highways with
each project completed during the prior calendar year, including
whether the division realized any cost or time savings, the number
and cost of change orders, the quality of work performed, the number of bids received and other issues the commissioner considers
appropriate: Provided, That the report submitted on or before
January 15, 2014
, shall contain such information as to all design-
build projects that have been completed under the program prior to
2014.
NOTE: This bill extends the West Virginia Highway Design-
Build Pilot Program, changes the name to the West Virginia Highway
Design-Build Program, removes the program's sunset date,
modifies
program limitations, and requires annual reports to the Joint
Committee on Government and Finance.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.