La. Rev. Stat. Ann. §§ 48:2084.1 ‐ 48:2084.15
Summary
The law authorizes the state transportation authority to use P3s for transportation projects.
The law requires delivery of performance and payment bonds or other forms of completion guarantee in connection with the construction of or improvements to the qualifying transportation facility, in the forms and in amounts satisfactory to the authority.
Excerpt:
“The comprehensive agreement shall provide for: Delivery of performance and payment bonds or other forms of completion guarantee in connection with the construction of or improvements to the qualifying transportation facility, in the forms and in amounts satisfactory to the authority.”
La. Rev. Stat. Ann. §§ 48:1251 to 1281
Summary
The Louisiana Expressway Authority is empowered to contract with any person, partnership, association, or corporation desiring the use of any part thereof in order to provide expressway facilities when, in the opinion of the authority, such facilities are necessary or desirable.
The law requires a bond with good and sufficient surety as shall be approved by the authority, from all contractors in an amount equal to 100% of the contract price, conditioned upon the faithful performance of the contract.
La. Rev. Stat. Ann. §§ 48:2020 to 2037
Summary
The law encourages parishes and municipalities to use P3s to help the state finance improvements to the state highway system and meet local transportation needs. Parishes and municipalities are authorized to create transportation authorities, which may enter into agreements with public or private entities to construct, maintain, repair, and/or operate transportation projects.
No surety bond language.
SB 195 – Enacted 06/13/2016 as Act No. 519
La. Rev. Stat. Ann. § 48:250.4
Summary:
Authorizes the Department of Transportation and Development to enter into contracts for P3 projects for transportation facilities. The state Little Miller Acts are applicable to these contracts.
Excerpt:
§250.4. Public‐private partnership projects
A. Notwithstanding any law to the contrary or the requirements of this Part, if the Secretary determines it is in the best interest of the taxpayers, the Department of Transportation and Development, with approval of the House and Senate transportation, highways, and public works committees, may solicit proposals for and enter into contracts for public‐private partnership projects for a transportation facility, provided the department shall comply with the provisions of R.S. 48:2084 through 2084.15 that are applicable to public‐private partnership projects of the Louisiana Transportation Authority. However, R.S. 48:256.3 and 48:256.5 shall be applicable in the same manner as any other department projects.
La. Stat. Ann. § 48.1660.1
Summary
The law authorizes the Regional Transit Authority to enter into contracts for P3 projects. The regional authority must comply with the existing law’s requirements for P3s for the Louisiana Transit Authority. The regional authority also must comply with the Department of Transportation’s (DOT) bonding requirements. The DOT law requires payment bonds for projects exceeding $50,000. The bond must be for at least 50% of the contract price.
Excerpt:
§1660.1. Public-private partnership projects A. Notwithstanding any law to the contrary or the requirements of this Chapter, if the board of commissioners determines it is in the best interest of the taxpayers, the Regional Transit Authority, with approval of the House and Senate transportation, highways, and public works committees, may solicit proposals for and enter into contracts for public-private partnership projects for a transportation facility as defined in R.S. 48:2073, provided the authority shall comply with the provisions of R.S. 48:2084 through 2084.15 that are applicable to public-private partnership projects of the Louisiana Transportation Authority. However, R.S. 48:256.3 and 256.5 shall be applicable in the same manner as any other department projects.
Waivers of Consequential Damages