Introduced Version House Bill 2753 History

OTHER VERSIONS  -  Committee Substitute  |  Enrolled Committee Substitute  |     |  Email

hb2753 intr
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 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 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 permanent.

§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.

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 be added.
This Web site is maintained by the West Virginia Legislature's Office of Reference & Information.  |  Terms of Use  |   Web Administrator   |   © 2018 West Virginia Legislature ****

Print On Demand