H. B. 2753
(By Delegates Stephens, Klempa,
D. Poling, Swartzmiller and Perry)
[Introduced February 23, 2009; referred to the
Committee on Government Organization then Finance.]
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 three ten special
projects 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. An aggregate total of $150 million may be expended by
the Division of Highways for the pilot program and no contract
shall be let after June 13, 2011.
(c) A design-build project may not be let to contract until
the Commissioner of the Division of Highways has established
policies and procedures concerning design-build projects.
(d) After completion of the third tenth project or the sunset
date, no projects shall be commenced unless the West Virginia
Legislature either approves additional projects to further study
the effectiveness of the design-build process or makes the program
§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, two thousand eight 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
NOTE: The purpose of this bill is to continue the pilot
highway design build program with up to ten pilot projects not to
exceed a total of $150 million and the development of emergency
rules governing the principal.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would