COM SUB 2 LINES
H. B. 2753
(By Delegates Stephens, Klempa,
D. Poling, Swartzmiller and Perry)
(Originating in the Committee on Finance)
[March 24, 2009]
A BILL 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
establish a continue with the
pilot program to
expedite the construction of no more than
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
before the first day of January, two thousand seven, and no more than
three project may be let to contract in the eighteen months
thereafter. after June 13, 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
(c) A design-build project may
be let to contract
the Commissioner of the Division of Highways has only in accordance
with the Commissioner's
established policies and procedures
concerning design-build projects.
completion of the third project, June 30, 2011,
shall be commenced may be let under the provisions of this
unless the West Virginia Legislature either approves
to further study the effectiveness of the
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,
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,
two thousand eight 2011,
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