Current through Register Vol. XLI, No. 50, December 13, 2024
Section 164-5-2 - School Building Authority Contracts and Agreements2.1. Grant Agreement. 2.1.a. In order for SBA funds to be utilized for any project, a grant agreement between the educational agency and the SBA must be enacted.2.1.b. New school designs in West Virginia shall comply with applicable codes and standards as adopted by the State of West Virginia in accordance with § 18-9E-3.2.2. Construction Agreement2.2.a. Contractors bidding on SBA projects shall present a completed "Contractor Qualification Statement" to the Owner, Architect, and SBA for review prior to the award of the construction contracts. The "Contractor Qualification Statements" including subcontractors shall be submitted to the Owner, Architect, and the SBA by low bid contractors by 4:00 PM the third business day following the bid opening. The Owner, Architect, and SBA shall use the information gathered on the Contractor Qualification Statement to determine the lowest qualified responsible bidder. No single criterion will be considered the controlling factor in determining the lowest qualified responsible bidder. The criteria on the statement used in the contractor evaluation shall include: 2.2.a.1. The relevant experience and years of experience the bidder has in the construction, renovation or building repair business.2.2.a.2. The continuity, experience and skill of the bidder's work force and that of the bidder's designated subcontractors.2.2.a.3. The bidder's performance on similar construction projects.2.2.a.4. The bidder's ability to successfully complete projects within the proposed schedules and deadlines.2.2.a.5. The bidder's history of compliance with Worker's Compensation and Unemployment Compensation laws.2.2.a.6. The bidder's history of compliance with the United States Department of Labor's Occupational Safety and Health Administration (OSHA) requirements.2.2.a.7. The bidder's history of compliance with Federal Prevailing Wage as well as Fair Labor Standards and Wage Payment laws.2.2.a.8. The bidder's subcontractors' compliance with state regulatory agencies.2.2.a.9. The bidder's local hiring plan and history of compliance with the West Virginia Jobs Act, (W.Va. Code, Chapter 21, Article 1C) regarding use of the local labor market.2.2.a.10. The bidder's participation as a party in any legal action where an awarded liability could negatively impact the ability of the bidder to complete this project.2.2.a.11. Response from bidder's references and recommendations of other owners for whom the bidder has worked.2.2.b. All bid documents prepared shall require that the lowest qualified bidder(s) submit a completed list of Subcontractors and Major Equipment and Material Suppliers. This information must be submitted by the lowest qualified bidder(s) to the Owner, Architect, and SBA by 4:00 PM the next business day following the bid opening. Bid openings shall not occur after 2:00 p.m. local prevailing time. Failure to submit the list of subcontractors and major material suppliers within the time limit will result in the rejection of the bid.2.2.c. Work Based Learning Opportunities. -- To the extent practical, the constructing contractor on projects involving the new construction and renovations of Vocational, Technical and Adult Education facilities should work cooperatively with the county board of education or Administrative Council to establish work-based learning experienced to introduce county vocational students to construction work practices.