West Virginia Code

WVC 17- CHAPTER 17. ROADS AND HIGHWAYS.
WVC 17 - 2 D- ARTICLE 2D. HIGHWAY DESIGN-BUILD PILOT PROGRAM.

WVC 17 - 2 D- 1 §17-2D-1. Short title.
This article shall be known and may be cited as the West Virginia Highway Design-Build Pilot Program.

WVC 17 - 2 D- 2 §17-2D-2. Highway Design-Build Pilot 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.

(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 million in each of the two years remaining 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 million is unused in the first 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.

(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) Projects receiving special funding above the regular federal core funding may utilize the pilot program, but shall not be included in the total number of projects or expenditure limits provided by subsections (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. WVC 17 - 2 D- 3 §17-2D-3. Invitation for bids.
(a) The division shall prepare an invitation for bids for prequalified design-builders, which must provide at a minimum:

(1) The procedures to be followed for submitting bids and the procedures for making awards;

(2) The proposed general terms and conditions for the design-build contract;

(3) The description of the drawings, specifications or other information to be submitted with the bid, with guidance as to the form and level of completeness of the drawings, specifications or

submittals that will be acceptable;

(4) A proposed time schedule commencement and completion of the design-build contract;

(5) Budget limits for the design-build contract, if any;

(6) Requirements or restrictions for the subletting of specific portions of the design-build contract, if any; and

(7) Requirements for performance bonds, payment bonds, insurance, professional liability insurance and workers' compensation coverage.

(b) The division shall make available to the qualified design-builders, a list of prequalified consultants, approved subcontractors, suppliers and sureties, as applicable, additional information including, but not limited to, surveys, soils reports, drawings or information regarding existing structures, environmental studies, photographs or references to public records, or other pertinent information.

(c) The division shall set forth its needs with sufficient clarity to assure that there is a comprehensive understanding of the project's scope and requirement.

WVC 17 - 2 D- 4 §17-2D-4. Acceptance of design-build bid.
(a) The design-builder shall submit the bid to the division as required in the invitation for bids.

(b) The design-builder shall furnish a bid bond not to exceed five percent of the maximum cost of the design-build contract.

(c) The selection committee may choose to reject all bids. If the selection committee chooses to accept a bid, the committee shall award the project to the qualified design-builder based on low bid or a value-based selection process combining technical qualifications and competitive bidding elements. The selection committee shall ascertain that the submissions comply with the requirements of this article and the policies and procedures of the commissioner.

WVC 17 - 2 D- 5 §17-2D-5. Report to the Legislature.
On or before December 1, 2013, the commissioner shall prepare and submit to the Joint Standing Committee on Government Organization a report evaluating the experience of the Division of Highways with each project, 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.

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Citation	Year/Session	Short Title
§17 - 4 A- 1 - (New Code) §17 - 4 A- 2 - (New Code) §17 - 4 A- 3 - (New Code)	SENATE BILL - 158 PASSED - Regular Session SB158 SUB2 ENR (Uploaded - 05/07/2013)	Creating Complete Streets Act
§17 - 27 - 5 - (Amended Code) §17 - 27 - 9 - (Amended Code)	SENATE BILL - 190 PASSED - Regular Session SB190 ENR (Uploaded - 05/07/2013)	Relating to public-private transportation projects funding
§17 - 2 D- 2 - (Amended Code) §17 - 2 D- 5 - (Amended Code)	SENATE BILL - 553 PASSED - Regular Session SB553 SUB2 ENR (Uploaded - 05/07/2013)	Relating to Highway Design-Build Program

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