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Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 553
(By Senators Beach, McCabe, Miller and Stollings)
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[Introduced March 18, 2013; referred to the Committee on
Transportation and Infrastructure; and then to the Committee on
Finance .]
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A BILL to amend and reenact §17-2D-2 and §17-2D-5 of the Code of
West Virginia, 1931, as amended, all relating to the
continuation of the Highway Design-Build Pilot Program;
modifying limitations on design-build projects; requiring
identification of design-build projects; and requiring annual
reporting.
Be it enacted by the Legislature of West Virginia:
That §17-2D-2 and §17-2D-5 of the Code of West Virginia, 1931,
as amended, be amended and reenacted, all to read as follows:
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 as provided in this article.
(b) A design-build project may not be let to contract after
June 30, 2013 2018. The Division of Highways may expend no more
than $75 $50 million in each of the two years remaining year 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 $50
million is unused in the first one year, the remaining
amount may be applied to the following year's amount: Provided,
however, That the total aggregate 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 in any one year.
(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. The commissioner
shall identify each design-build project within the statewide
Transportation Improvement Program (STIP) as a design-build project
prior to entering into an agreement with the consultant engineer hired to prepare preliminary plans for such project.
____(d) After June 30, 2013, 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) (d) Projects receiving special funding above the amount of
regular federal core funding
as appropriated to the state by
formula in a federal highway authorization, currently titled MAP-
21, may utilize the pilot program, but shall not be included in the
total number of projects or expenditure limits provided by
subsections subsection (a) and (b) of this section.
(f) (e) Effective after the effective date of the amendment to
this article in the regular session of 2011, no 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, 2013, and annually thereafter, the
commissioner shall prepare and submit to the Joint Standing
Committee on Government Organization and Finance a written 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: This bill extends the West Virginia Highway Design-
Build Pilot Program, modifies program limitations, and requires
annual reports to the Legislature.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.