§5-22A-1. Short Title; Applicability of Article
This article shall be known and may be cited as the "West Virginia Design-Build Procurement Act." The provisions of this article must be used to select design-builders for authorized projects that are constructed and owned, potentially owned, or ultimately owned by any agency.
§5-22A-2. Definitions
For the purpose of this article: (1) "Agency" means all state departments, agencies, authorities, quasi-public corporations and all political subdivisions, including cities, counties, boards of education and public service districts and the individual representatives of the agency appointed to oversee or supervise the project.
§5-22A-3. Public Policy; Conditions for Contract
(a) Recognizing that the design-bid-build method provides a viable delivery method for public projects, it is the public policy of this state to permit an agency to enter into design-build contracts for public projects. (b) An agency may not enter into a design-build contract for a public project unless: (1) The Department of Administration promulgates […]
§5-22A-4. Design-Build Board and Members; Appointments; Expense Reimbursement; Meetings
(a) The Design-Build Board is continued within the Department of Administration and is composed of the following nine members who are appointed by the Governor with the advice and consent of the Senate: Two contractors licensed in the State of West Virginia; one architect licensed in the State of West Virginia; one professional engineer licensed […]
§5-22A-5. Duties of Board to Approve and Monitor Projects
(a) Upon receipt of information that an agency wants to pursue the design-build method of project delivery, the board, with the administrative support of the Secretary of the Department of Administration, shall notify the agency that failure to comply with the requirements of this article is a violation of state law. The Board shall notify […]
§5-22A-6. Design-Build Rules
The Department of Administration shall propose rules for legislative approval pursuant to article three, chapter twenty-nine-a of this code and consistent with this article for the award of design-build contracts, which provide, at a minimum: (1) The procedures to select or designate a performance criteria developer and prepare performance criteria;
§5-21-3. Advisory Commission
To assist in the development and implementation of statewide energy guidelines under this article, the director shall appoint an advisory commission of seven members who shall serve without compensation. In appointing the commission, the director shall include representatives of building code enforcement agencies, the architectural and engineering professions, public utilities, the construction industry, legislative bodies […]
§5-21-4. Exemptions
The following shall be exempt from compliance with the energy cost reduction guidelines developed under this article: (a) Any type or class of building specifically made exempt by the local jurisdiction; (b) Mobile homes; (c) Any structure neither heated nor cooled, nor designed for human occupancy; and (d) Any building specifically designated by a local […]
§5-21-5. Effective Date of Guidelines on Permit Applications
The provisions of this article shall not apply to any application for a building permit made before January 1, 1981.
§5-20-5. Executive Sessions Authorized; Demand to Be Heard in Open Hearing
[Repealed.]