W. Va. Code R. § 173-1-8

Current through Register Vol. XLI, No. 50, December 13, 2024
Section 173-1-8 - Other Grants
8.1. The Library Commission may distribute other grants that further library service in the state. Any public library is eligible to apply for these grants. Grant priorities and qualifications are determined annually by the Library Commission.
8.2. Construction grant applications must meet minimum standards identified by the Library Commission for:
8.2.a. New construction
8.2.b. Expansion
8.2.c. Renovation, including
8.2.c.1. Handicapped access
8.2.c.2. Safe working conditions
8.2.c.3. Public safety
8.3. An application for a construction grant will be on forms provided by the Library Commission and will include, but not be limited to, the following:
8.3.a. Project budget, including a history of local funding for the most recent five (5) years;
8.3.b. Certification by board of library directors of all local funds available for this project. Certification includes the source of the funds, the anticipated date of receipt of funds and the method to be used to provide any additional funding needed;
8.3.c. Timeline for the project;
8.3.d. Current status of the building program, architectural development, site acquisition, and fund raising;
8.3.e. Long range plan for use of the proposed, expanded or renovated facility;
8.3.f. Statement of ownership of the new building;
8.3.g. A feasibility study if proposed construction is the expansion, remodeling or alteration of an existing building. The study is to be done by an AIA registered architect;
8.3.h. A survey and description of the Library Commission approved site;
8.3.i. Project summary including descriptions of the current facility and the new facility comparing total square footage and space needs for public service areas, staff work space, and collection, meeting room, parking, and non-assignable spaces;
8.3.j. Description of how the project will benefit the service area and provide better library service, as well as information about current services.
8.4. Construction contracts must be entered into within three hundred sixty-five (365) days following the Library Commission approval of the grant request.
8.5. Assurance must be given to the Library Commission that, for all construction projects assisted through a grant, all laborers and mechanics employed by contractors or subcontractors will be paid wages at rates not less than those prevailing on similar construction in the locality, as determined by the U.S. Secretary of Labor in accordance with the Davis-Bacon Act, as amended, and that covered workers will receive overtime compensation in accordance with, and subject to, the provisions of the Contract Work Hours and Safety Standards Act. Further assurance must be provided that contractors or subcontractors comply with any other applicable state or federal law, including but not limited to workers compensation and unemployment compensation.
8.6. Additional reports must be submitted as requested by the Library Commission during the project.
8.7. Financial accounting:
8.7.a. Local funds for construction will be deposited in an account separate from all other funds. A certification by the bank as to the amount of these funds and certification that these funds are free from encumbrances must be furnished to the Library Commission;
8.7.b. Payment of federal and state funds on a construction project will be made to the board of library directors after approval of invoices by the Library Commission;
8.7.c. Request for a federal or state share will be made on forms provided by the Library Commission;
8.7.d. A retainage of ten percent (10%) will be withheld from the federal and state share of each construction project. The creditor's invoice should reflect the total amount due in order to prevent duplication of the retainage;
8.7.e. The public library will require the general contractor or equivalent to keep on file a copy of weekly payrolls with the required certification in regard to anti-kickback provisions of the Copeland Act. These payrolls will be checked by the general contractor or equivalent against the minimum wage determination for the project and will be reviewed periodically by the Library Commission. Periodic on-the-job interviews will be made by the Library Commission to assure compliance with federal regulations. A copy of this interview will be on file at the Library Commission. A copy of the labor interview will be forwarded to the general contractor or equivalent for filing with the payroll for the week. The general contractor or equivalent will file copies of weekly payrolls with the contracting library;
8.7.f. The portion of the architect's fee, which is paid for supervision, must be based on that portion of the "Contract Completed" at the date of the request;
8.7.g. Any change from the original construction contract must be made by a formal "Change Order" accompanied by a letter of authorization by the president of the board of library directors. If the change or addition requires additional funds over and above the approved budget, the board of library directors must certify that the additional funds are available;
8.7.h. The ten percent (10%) retainage from the federal and state share will be paid only after local architect's certification of completion of the construction contract and after an audit by an auditor approved by the Library Commission is filed with the Library Commission. This audit will be made at the expense of the board of library directors and may be a part of the total project cost;
8.7.i. All records pertaining to a construction project must be kept by the board of library directors for at least three (3) years after completion of the project, or as directed by any applicable federal legislation. These records must be made available to the Library Commission or authorized representative of the State of West Virginia or United States Government on request.

W. Va. Code R. § 173-1-8