Committee Substitute House Bill 2753 History

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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 as follows:
§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 establish a continue with the pilot program to expedite the construction of no more than three 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 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 million.
(c) A design-build project may not be let to contract until the Commissioner of the Division of Highways has only in accordance with the Commissioner's established policies and procedures concerning design-build projects.
(d) After completion of the third project, June 30, 2011, no projects shall be commenced may be let under the provisions of this article unless the West Virginia Legislature either approves additional projects to further study the effectiveness of the design-build process 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.
§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.
§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 appropriate.
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