W. Va. Code R. § 148-11-6

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 148-11-6 - Procedures for Selection of Performance Criteria Developer and Preparation of the Performance Criteria

6.1. Selection of Performance Criteria Developer.

6.1.1. Upon receipt of the Design- Build Board's approval that a project is appropriate as a Design-Build Project the Agency shall employ a registered architect or engineer, to be known as the Performance Criteria Developer. The Performance Criteria Developer shall be selected in accordance with W.Va. Code § 5G-1-1, et. seq. unless the agency uses a licensed architect or engineer who is an employee of the Agency for projects with a construction cost estimated to be one million or less. For projects for which the construction cost is estimated to be more than one million dollars ($1,000,000), the Performance Criteria Developer shall not be an employee of the Agency.

6.1.2. In addition to the provisions of W.Va. Code § 5G-I-1, the Agency shall consider the following factors when selecting the Performance Criteria Developer:

6.1.2.a. Education, training, general experience and West Virginia licensure to practice Architectural or Engineering services.

6.1.2.b. Prior experience with projects of similar size, scope, and complexity; and

6.1.2.c. Prior experience with Design-Build contracts, as appropriate, or substantially similar experience.

6.2. Preparation of the Performance Criteria.

6.2.1. The Agency shall prepare a Performance Criteria package with the aid of the Performance Criteria Developer. The Performance Criteria package shall set forth the Agency's needs with sufficient clarity to assure that there is a comprehensive understanding of program requirements, project scope and business requirements. The Performance Criteria package shall include, at a minimum:

6.2.1.1. Program statements of the facility that describe space needs, design goals and objectives;

6.2.1.2. Requirements for performance bonds, payment bonds, general liability insurance, professional liability insurance and worker's compensation coverage;

6.2.1.3. Applicable codes and material quality standards;

6.2.1.4. Other pertinent criteria such as energy efficiency and accommodations for future use or adaptation;

6.2.1.5. When a site is being developed, a site survey and soil boring report describing subsurface conditions or stated criteria in sufficient detail so that accurate foundation designs can be developed;

6.2.1.6. Stated responsibility for fees and permits;

6.2.1.7. Stated criteria regarding all site utilities and fees regarding connection of those utilities;

6.2.1.8. Environmental reports, if any, that have been prepared;

6.2.1.9. Project budget parameters, including budget parameters for any and all alternates;

6.2.1.10. Sources of funding and available funding;

6.2.1.11. The proposed project schedule; and

6.2.1.12. Seal requirements of the design professionals to be included in the proposal.

6.2.2. The Performance Criteria package shall be included as part of the contents of the Invitation for Proposals.

6.2.3. The basis of scoring and any restrictions on the proposals submitted in response to the Performance Criteria package shall be part of the Invitation for Proposals.

6.3. Once selected, the Agency shall retain the Performance Criteria Developer through final completion of the Project to monitor adherence to the Performance Criteria.

6.4. The Performance Criteria Developer or his or her employer, company, partners, joint venturers, affiliates or consultants may not submit a proposal to enter into a design-build contract and may not perform services under a design-build contract on any project wherein they are the Performance Criteria Developer on that specific contract.

W. Va. Code R. § 148-11-6