Section 3035.450  Grant Application Procedure

 

The following application procedures shall apply:

 

a)         The Illinois State Library shall issue application forms for library construction grants under this program.

 

b)         Applying libraries and library systems shall submit a signed, completed current library construction grant application, together with the following documents or written assurances, to be eligible for library construction grants:

 

1)         Application Phase

 

A)        To be eligible for a Live & Learn construction grant, a public library must comply with the assurances contained in this Section, as listed in the Construction Grant Application Form, as most recently adopted by the Subcommittee for Public Library Construction, a subcommittee of the Illinois State Library Advisory Committee.

 

B)        A statement describing the necessity for the proposed project.

 

C)        A statement of plans to meet existing library standards of service, Illinois Library Standard 2.0, Serving Our Public:  Standards for Illinois Public Libraries,   incorporated by reference in Section 3035.115.  This subsection (b)(1)(C) shall not apply to library systems.

 

D)        A description of the project's potential contribution to the improvement of library services within the library's area of service and in any other portions of the State.

 

E)         A Library Building Program.  For projects with a total cost of over $150,000, a library building consultant must work with the library in developing the building program.  The library board shall select a building consultant in accordance with the Illinois Local Library Act [75 ILCS 5/4-7] and the Illinois Library District Act [75 ILCS 16/30-55.40].

 

F)         For projects with a total cost equal to or greater than $75,000, an architect or engineer licensed to practice in Illinois is required.

 

G)        Preliminary construction plans with a site plan, outlining specifications and an estimated cost per square foot.

 

H)        A letter from the Illinois Historic Preservation Agency evidencing compliance with the Illinois State Agency Historic Resources Preservation Act [20 ILCS 3420].

 

I)          The following are required for new construction, additions and projects involving evacuation of soil:

 

i)          Documentation stating whether the project site is located in a Special Flood Hazard Area found at the Illinois State Water Survey's Illinois Floodplain Map website (http://www.illinoisfloodmaps.org/).  If the project site is located in a Special Flood Hazard Area, the applicant shall submit an assurance letter from the Division of Water Resources of the Department of Natural Resources stating that the project meets the requirements of Executive Order 79-4 regarding flood damages.

 

ii)         A subsurface soil analysis by a soils engineer.

 

iii)         A site assessment by a licensed environmental/hazardous materials consultant to determine the existence of asbestos and/or lead paint.  This assurance does not apply to new buildings unless demolition of existing buildings (other than residences) is necessary.

 

J)         The real estate affected by the proposed construction is available to the library or library system, as is the legal description of the affected real estate.  A deed of ownership or proof of long-term occupancy (20-year minimum), except for mini-grants.  The building will remain in use as a public library or library system facility for not less than 20 years after its construction unless other use is approved by the Director of the Illinois State Library.

 

K)        A letter from the Director of the Regional Library System that serves the applicant library acknowledging that the System is aware of the proposed project.

 

L)         A listing of all applicable authorities having jurisdiction over the applying facility.

 

M)       The library will submit with the grant application an Americans With Disabilities Act Self-Evaluation, except for new construction projects.

 

N)        Other funds designated for construction that are immediately available to the library upon application.  Funds may include a mortgage commitment letter from a financial institution licensed by a state or the federal government.  Assurances from the applicant that a referendum is pending or various fundraising activities will be undertaken in the future, with the amount to be raised remaining uncertain, shall not be counted as part of the local matching funds for the purposes of Section 3035.400.

 

2)         Construction Phase

 

A)        The grantee library will expend 100% of Secretary of State library construction grant funds within 12 months after the execution of the grant agreement.  If the grantee fails to submit a final report, or an audit, if applicable, within 24 months after the execution of the contract, the grant shall be forfeited unless an extension is granted by the Director of the Illinois State Library.

 

B)        Construction work will be performed under the lump sum (fixed price) contract method.

 

C)        The library will publicly announce all requirements for architectural, engineering and land surveying services and procure these services on the basis of demonstrated competence and qualifications and negotiate contracts at fair and reasonable prices, in accordance with the Illinois Local Library Act [75 ILCS 5/5-5] and the Illinois Library District Act [75 ILCS 16/40-45].

 

D)        Architectural, engineering and land surveying contracts will be made in accordance with the Local Government Professional Services Selection Act [50 ILCS 510].

 

E)         Adequate methods of obtaining competitive bidding will be employed prior to awarding the construction contract by public advertising in a newspaper of general circulation in the area, and the award of the contract will be made to the responsible bidder submitting the lowest acceptable bid, in accordance with the Illinois Local Library Act and the Illinois Library District Act.  A copy of the advertisement, with verification of the date of publication and name of the newspaper, shall be submitted to the Illinois State Library within 10 days after publication.

 

F)         All laborers and mechanics employed by the contractor or subcontractors on all construction projects shall be paid wages at rates not less than those prevailing on similar construction in the locality, as determined by the Illinois Department of Labor in accordance with the Prevailing Wage Act [820 ILCS 130].

 

G)        A copy of the building permit shall be supplied to the Illinois State Library prior to the actual construction and the permit shall be posted in a prominent place on the construction site.

 

H)        Any change in the Plans and Specifications requiring a work change order shall be submitted to the Illinois State Library.  All change orders shall be subject to the Illinois Public Works Contract Change Order Act [50 ILCS 525].  The Illinois State Library shall be notified of and approve or deny any change orders of $10,000 or more and the modification of any public areas of the grantee library from the proposed original plans of the approved grant application.  The change order will be accompanied by a letter approved by the library board stating that there is no adverse impact on library services.  Change orders do not affect the grant award amount.

 

I)          Contractors and subcontractors shall comply with all applicable provisions of the Illinois Human Rights Act [775 ILCS 5] and all federal and State laws, rules and regulations that prohibit discrimination because of race, color, religion, sex, marital status, national origin, ancestry, age and physical or mental handicap.

 

J)         Construction contracts signed by both the library board (or library system board) and contractors that is, or comparable, to the "Standard Form of Agreement Between Owner & Contractor A-101-1997" published by the American Institute of Architecture, 1735 New York Ave., NW, Washington DC  20006-5292.  No later amendments to this form are incorporated in this Section.  Contracts are to be submitted to the Illinois State Library prior to the start of construction; also, all subcontractors are to perform work in accordance with the conditions and standards contained in the contracts signed by the board and the Illinois State Library.  The Illinois State Library shall have the right to disapprove any contracts between the library board or library system board and contractors if:

 

i)          The bidding procedure outlined in subsection (b)(2)(E) was not followed.

 

ii)         The conditions and standards specified in the contract between the Illinois State Library and the library board are not incorporated into the contracts between the library board or library system board and the contractors.

 

K)        A revised budget shall be prepared after bids have been accepted and shall be submitted to the Illinois State Library for approval prior to actual construction.  Approval will be based on the reduction in the contingency line item from 5% in the original budget to 2% of total project cost in the revised budget.  Grant monies awarded are based on the amount specified in the original budget; grant awards will not be increased because of subsequent increases in revised budgets.  Decisions shall not affect the time frame imposed unless approved by the Director of the Illinois State Library.

 

L)         A sign will be displayed on the construction site stating that State funds administered by the State Librarian are being used for the construction; and a plaque will be placed in the completed building stating that State funds administered by the State Librarian were used for the building's construction.

 

M)       Projects receiving over $200,000 must use .5% of the grant award for the purchase and placement of suitable works of art.  The purchase of the artwork will be done in conjunction with the Capital Development Board (see 20 ILCS 3105/14).

 

N)        Any agent authorized by the Illinois State Library, upon presentation of credentials and in accordance with the constitutional limitation on administrative searches, shall have full access to, and the right to examine, any records, books, papers or documents of the grantee involving transactions related to the grant.

 

O)        Construction will commence within 140 days after the effective date of the grant contract, according to Section 3035.435(f).

 

P)         The following reports and records will be completed and transmitted to the Illinois State Library:  quarterly narrative and financial reports; notification within 15 days after completion of the project; a close-out report that is a final financial and narrative report within 24 months after the execution of the contract, unless an extension is granted by the Director of the Illinois State Library; and other reports and documents, such as prevailing wage rates and receipts to verify vouchers, as reasonably may be required by the State Library.  The final financial report shall be signed by the president of the library's board of directors.

 

i)          Financial reports shall show:  the amount of authorized State and local funds; interest earned on grant funds; expenditures made from grant funds and from interest earned on grant funds; obligated funds, by amount of line item remaining compared to the original budget.

 

ii)         Narrative reports shall state:  the progress of the project; accomplishments to date; problems encountered; objectives met and unmet; changes implemented; and the percentage of completion of the project to date.

 

iii)         The close-out report shall evaluate the degree to which the grantee achieved the goals and objectives of the project.  The close-out report shall include a project audit according to Section 3035.140(e).

 

iv)        For a project that requires an architect or engineer, the architect or engineer shall certify to the Illinois State Library when the project reaches the 50% and 100% stage of completion.

 

Q)        When construction is complete, sufficient funds will be available for effective operation and maintenance of the facilities, in accordance with applicable federal, State and local requirements.

 

R)        The library shall establish a separate account for construction grant funds with a federally or Illinois regulated financial institution that is insured by the Federal Deposit Insurance Corporation.

 

S)         Any interest earned on the grant funds will be expended, without limitation or exception, exclusively on the subject construction project.

 

c)         Some of the documentation and written assurances may be waived in the application for mini-grants described in Section 3035.400(c), upon approval of the Illinois State Library construction consultant.  Documentation and written assurances may be waived if they are not relevant to the specific mini-grant.  As an example, a legal description of the affected real estate may not be required for a mini-grant project to install carpeting in the existing library building.

 

d)         Applications will be considered in accordance with Section 3035.420(c).

 

e)         Grant applications are subject to the conditions stipulated in Section 3035.135.

 

(Source:  Amended at 35 Ill. Reg. 18366, effective October 18, 2011)