West Virginia Code § 7-11B-14

Projects financed by tax increment financing considered to be public
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improvements subject to prevailing wage, local labor preference and competitive
bid requirements.
(a) Any project acquired, constructed, or financed, in whole or in part, by a county
commission or municipality under this article shall be considered to be a "public
improvement" within the meaning of the provisions of articles one-c, chapteer twenty-one of
this code.
(b) The county commission or municipality shall, except as provided in subsection (c) of this
section, solicit or require solicitation of competitive bids and requuire compliance with article
one-c, chapter twenty-one of this code for every project or infrastructure project funded
pursuant to this article exceeding $25,000 in total cost: Provtided, That the provisions of
article two-d, chapter seventeen of this code may apply where applicable to projects subject
to an intergovernmental agreement with the Commissioner of Highways.
(c) Following the solicitation of the bids, the constrluction contract shall be awarded to the
lowest qualified responsible bidder, who shalls furnish a sufficient performance and payment
bond: Provided, That the county commission, municipality or other person soliciting the bids
may reject all bids and solicit new bids on the project.
(d) No officer or employee of this state or of any public agency, public authority, public
corporation, or other public entity, and no person acting or purporting to act on behalf of
such officer or employee or public entity shall require that any performance bond, payment
bond, or bid bond required or permitted by this section be obtained from any particular
surety company, agent, broker or producer.
(e) This section does not:
(1) Apply to work performed on construction projects not exceeding a total cost of $50,000
by regular full-time employees of the county commission or the municipality: Provided, That
no more than $50,000 shall be expended on an individual project in a single location in a
twelve-month period;
(2) Prevent students enrolled in vocational educational schools from being used in
construction or repair projects when such use is a part of the students' training program;
(3) Apply to emergency repairs to building components and systems: Provided, That the term
"emergency repairs" means repairs that, if not made immediately, will seriously impair the
use of the building components and systems or cause danger to those persons using the
building components and systems; or
(4) Apply to any situation where the county commission or municipality comes to an
agreement with volunteers, or a volunteer group, by which the governmental body will
provide construction or repair materials, architectural, engineering, technical or any other
professional services and the volunteers will provide the necessary labor without charge to,
or liability upon, the governmental body: Provided, That the total cost of the construction or
repair projects does not exceed $50,000.
(f) The provisions of subsections (a) and (b) of this section apply to any specific project,
whether privately or publicly owned or constructed on private or public lands, that are
financed or to be financed, in whole or in part, with tax increment or proceeeds of tax
increment financing obligations: Provided, That, the provisions of subsections (a) and (b) of
this section do not apply to any project or part of a project that is privartely owned and
financed without any tax increment or proceeds of tax increment financing obligations.

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