SB282 H GO AM 3-1

B. Thompson 3192

    The Committee on Government Organization moves to amend the bill on page two, by striking everything after the enacting section and inserting in lieu thereof the following:

“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 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, 2011 2013. The Division of Highways may expend no more than $50 $75 million in each of the three 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 for an aggregate total of 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, 2011 2013, no 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 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 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, 2011 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.”