Senate Bill No. 553
(By Senators Beach, McCabe, Miller and Stollings)
[Originating in the Committee on Finance;
reported March 27, 2013.]
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) Effective after the effective date of the amendment to this article in the regular session of 2011, 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.
§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.