§5-22A-2. Definitions

Published: 2015

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WVC 5 - 22 A- 2

§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.

(2) "Board" means the Design-Build Board established pursuant

to section four of this article to determine whether a public

project satisfies the requirements of this article.

(3) "Design-build" is defined as providing responsibility

within a single contract for design, construction or alteration of

a building or buildings, together with incidental approaches,

structures and facilities to be constructed, in which services

within the scope of the practice of professional engineering or

architecture, as defined by the laws of the State of West Virginia,

are performed by an engineer or architect duly licensed in the

State of West Virginia and in which services within the scope of

construction contracting, as defined by the laws of the State of

West Virginia, are performed by a contractor qualified and licensed

under the applicable statutes. The design-build method of

construction may not be used for any other construction projects,

such as highway, water or sewer projects.

(4) "Design-build contract" means the contract between an

agency and a design-builder to furnish the architecture, engineering, and related services as required, for a given public

project, and to furnish the labor, materials and other construction

of services for the same public project. A design-build contract

may be conditional upon subsequent refinements in scope and price,

and may permit the agency to make changes in the scope of the

project without invalidating the design-build contract.

(5) "Design-builder" means the entity, whether natural person,

partnership, joint venture, corporation, professional corporation,

business association or other legal entity, that proposes to design

and construct any public project governed by the procedures of

section seven, article six of this chapter and this article.

(6) "Firm" means any individual, firm, partnership,

corporation, limited liability company, limited liability

partnership, association, joint venture or other legal entity

permitted by law to practice engineering, architecture or

construction contracting in the State of West Virginia.

(7) "Invitation for proposals" means the document or

publication by which an agency solicits proposals for a

design-build project.

(8) "Invitation for qualifications" means the document or

publication by which an agency solicits a statement of

qualifications from potential design-builders in order to select

three to five design-builders to respond to the agency's invitation

for proposal.

(9) "Performance criteria" means the requirements for the public project, including as appropriate, aesthetics, capacity,

durability, production standard, ingress and egress requirements or

other criteria for the intended use of the public project,

expressed in performance-oriented drawings and specifications

suitable to allow the design-builder to make a proposal.

(10) "Performance criteria developer" means an architect or

engineer licensed under the laws of this state and, if applicable,

the architect's or engineer's employer, company, partners, joint

venturers, affiliates or subcontractors retained by the agency to

develop performance criteria and to serve as the agency's technical


(11) "Project" means that project described in the public


(12) "Proposal" means an offer to enter into a design-build

contract, as further defined in this article.

(13) "Qualified design-builder" means one of the three to five

design-builders selected by the agency to respond to the invitation

for proposals.

(14) "Responsive proposal" means a proposal that scores a

minimum of seventy points out of a possible one hundred points in

the qualitative evaluation.

(15) "Statement of qualifications" means descriptive

information or other data submitted by a design-builder indicating

its ability to satisfy the requirements set forth in the invitation

for qualifications.

(16) "Substantial completion" means the stage in the progress

of the work when the work or designated portion thereof is

sufficiently complete in accordance with the design-build contract

so the agency can occupy or utilize the work for its intended use.

(17) "Technical review committee" means the group of

individuals who have education and experience in the design,

construction, operation, administration, and finance requirements

of the project and users of the project selected by the agency to

review, evaluate and score the statement of qualifications and

invitation for proposal.

(18) "Work" means the design, construction and services

required by the design-build contract, whether completed or

partially completed, and includes all other labor, materials,

equipment and services provided or to be provided by the

design-builder to fulfill the design-builder's obligations. The

work may constitute the whole or a part of the project.

Note: WV Code updated with legislation passed through the 2015 Regular Session

The WV Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.