Enrolled Committee Substitute
House Bill 2753 History
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H. B. 2753
(By Delegates Stephens, Klempa,
D. Poling, Swartzmiller and Perry)
[Passed April 9, 2009; in effect from passage.]
AN ACT to amend and reenact §17-2D-2, §17-2D-3 and §17-2D-5 of the
Code of West Virginia, 1931, as amended, all relating to the
continuation of the Design-Build Program.
Be it enacted by the Legislature of West Virginia:
That §17-2D-2, §17-2D-3 and §17-2D-5 of the Code of West
Virginia, 1931, as amended, be amended and reenacted, all to read
ARTICLE 2D. HIGHWAY DESIGN-BUILD PILOT PROGRAM.
§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, 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, 2011. The Division of Highways may expend no more than
$50 million in each of the three years remaining in the pilot
program, for an aggregate total of $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, 2011, no projects may 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, including any Competitive Surface
Transportation Grants received as a result of the American Recovery
and Reinvestment Act of 2009, 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
§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
(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'
(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.
§17-2D-5. Report to the Legislature.
On or before December 1, 2011, 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.