State Survey of P3 Authorizing Statutes: West Virginia

W.Va. Code §11-13A-6b; §§17-27-3-16

Summary

Encourages the use of P3s by cleaning up antiquated provisions of the existing P3 statute, and to encourage the use of P3s in highway construction. The law permits the Division of Highways to determine the form and the bond amount.

Surety Bond Requirements:

Bonds are required for the construction portion of the project for the qualifying transportation facility.

W.Va. Code §§ 17-27-1 to 18

Summary

The law authorizes the DOT to use P3s for the construction of any transportation facility, which is any public inland waterway port facility, road, bridge, tunnel, overpass or existing airport used for the transportation of persons or goods, and the structures, equipment, facilities or improvements to such facilities. The law provides that the comprehensive agreement must provide for performance and payment bonds on the construction portion of the project for qualifying transportation facility.

Surety Bond Requirements:

The law permits the Division of Highways to determine the form and amount for the bonds that would be satisfactory.

Excerpt:

§ 17-27-9. Comprehensive agreement.

“The comprehensive agreement shall provide for:

(1) Delivery of performance or payment bonds in connection with the construction of or improvements to the qualifying transportation facility, in the forms and amounts satisfactory to the division;”

W.Va. Code §§ 17-28-1 to 12

Summary

The law provides for P3s for transportation facilities, which are a public highway, road, bridge, tunnel, overpass, building, structure, airport, vehicle parking facility, riverport facility, rail facility, or intermodal facility used for the transportation of persons or goods. The comprehensive agreement for the project will be between the governmental entity sponsoring the project and the West Virginia Division of Highways. The law provides that the comprehensive agreement must provide for performance and payment bonds on the construction portion of the project for a transportation facility.

Surety Bond Requirements:

The new law allows the Division to determine the form and amount for the bonds that would be satisfactory.

Excerpt:

Ҥ 17-28-7 Comprehensive agreement.

(a) Prior to acquiring, constructing or improving a transportation facility, the project sponsors shall enter into a comprehensive agreement with the division. The comprehensive agreement shall provide for:

(1) Delivery of performance or payment bonds in connection with the construction of or improvements to the transportation facility, in the forms and amounts satisfactory to the division;”