Illinois Administrative Code
Title 23 - EDUCATION AND CULTURAL RESOURCES
Part 3035 - ILLINOIS STATE LIBRARY GRANT PROGRAMS
Subpart D - PUBLIC LIBRARY CONSTRUCTION GRANTS
Section 3035.450 - Grant Application Procedure
Universal Citation: 23 IL Admin Code ยง 3035.450
Current through Register Vol. 48, No. 38, September 20, 2024
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. To be eligible for a Public Library Construction Grant, the applicant shall provide:
1) Application Phase
A) The assurances contained in this Section,
as listed in the Construction Grant Application Form.
B) A statement describing the necessity for
the proposed project.
C) A
statement of plans to meet existing library standards of service, Serving Our
Public 4.0: Standards for Illinois
Public Libraries (2019), 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) An affirmative statement that the
applicant or its officers, directors, or managers do not have any conflicts of
interest or apparent conflicts of interest that may impair the fairness and
impartiality of the grant process. A conflict of interest may arise when an
entity or person may benefit financially from a decision that could be made in
that capacity, including indirect benefits such as to family members or
businesses with which the person is closely associated.
F) A facility plan. For projects with a total
cost of over $150,000, a library building consultant may work with the library
in developing the facility plan. 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] .
G) For projects with a total cost equal to or
greater than $75,000, assurance that an architect or engineer licensed to
practice in Illinois is being utilized.
H) Project design, with a site plan, outline
of specifications, and an estimated cost per square foot.
I) A letter from the Historic Preservation
Division of the Illinois Department of Natural Resources evidencing compliance
with the Illinois State Agency Historic Resources Preservation Act
[20 ILCS
3420 ].
J)
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 Office of Water Resources of the
Department of Natural Resources stating that the project meets the requirements
of Executive Order 2006-5 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, lead paint, or any toxic substance. This assurance does
not apply to new buildings unless demolition of existing buildings (other than
residences) has occurred or is necessary.
K) Assurance that 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) shall be provided, except for mini
grants. The applicant shall provide assurance that 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.
L) 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) An assurance that 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) An assurance that the construction work
will be performed under the lump sum (fixed price) contract method.
C) An assurance that 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 made in accordance with the Local Government Professional
Services Selection Act [50 ILCS 510 ].
E) An assurance that 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) No person or
business shall bid, offer, make a submission, or enter into a contract with the
grantee if the person or business assisted the grantee or any agent or employee
of the grantee, who by the nature of the agent or employee's duties has the
authority to participate personally or substantially in the contract
specifications, requests for bids or proposals, or otherwise by reviewing,
drafting, directing, or preparing any invitation for bids, a request for
proposal, or request for information or provided similar assistance except as
part of a publicly issued opportunity to review drafts of all or part of these
documents. This subsection does not prohibit a person or business from
submitting a bid or offer or entering into a contract if the person or
business:
i) initiates a communication with an
employee to provide general information about products, services, or industry
best practices;
ii) responds to a
communication initiated by an employee of the library for the purposes of
providing information to evaluate new products, trends, services, or
technologies; or
iii) asks for
clarification regarding a solicitation, so long as there is no competitive
advantage to the person or business and the question and answer, if material,
are publicly posted and made available to other bidders or offerors as an
addendum to the solicitation.
G) When, for any reason, any vendor, bidder,
offeror, potential contractor, contractor, or other person suspects collusion
or other anti-competitive practice among any bidders, offerors, potential
contractors, contractors, or employees of the State, that person shall transmit
a notice of the relevant facts to the State Librarian.
H) An assurance that all laborers and
mechanics employed by the contractor or subcontractors on all construction
projects will 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
].
I) An assurance that a copy of
the building permit will be supplied to the Illinois State Library prior to the
actual construction and that the permit will be posted in a prominent place on
the construction site.
J) An
assurance that any change in the Plans and Specifications requiring a work
change order will 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 $20,000 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 stating that there is no adverse impact on library services. Change
orders do not affect the grant award amount.
K) An assurance that contractors and
subcontractors will comply with:
i) all
applicable provisions of the Illinois Human Rights Act [775 ILCS
5 ];
ii)
all federal and State laws, rules, and regulations that prohibit discrimination
because of race, color, religion, sex, marital status, national origin,
ancestry, age, order of protection status, military status, sexual orientation,
pregnancy, unfavorable discharge from military service, and physical or mental
disability; and
iii) the
conflict-of-interest provisions specified in the Illinois Procurement Code
[30 ILCS
500 ].
L) Construction contracts signed by both the
library board (or library system board) and contractors that are, or are
comparable to, the Standard Form of Agreement Between Owner & Contractor
A101-2017, published by the American Institute of Architects, 1735 New York
Ave., NW, Washington DC 20006-5292 (http://www.aia.org). 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.
iii) The
requirements in subsection (b)(2)(K) were not followed.
M) An assurance that 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 that a plaque will be placed
in the completed building stating that State funds administered by the State
Librarian were used for the project.
N) An assurance that construction will not
begin until a contract is executed with the State Librarian.
O) An assurance that construction will
commence within 140 days after the effective date of the grant
contract.
P) An assurance that any
agent authorized by the Illinois State Library, upon presentation of
credentials and in accordance with the constitutional limitation on
administrative searches, will have full access to, and the right to examine,
any records, books, papers, or documents of the grantee involving transactions
related to the grant.
Q) An
assurance that 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 final narrative report shall
evaluate the degree to which the grantee achieved the goals and objectives of
the project. The final narrative 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.
R) An
assurance that, 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.
S) An assurance that 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, upon approval of the Illinois State Library, except that subsections (b)(2)(F), (b)(2)(G) and (b)(2)(K) will not be waived.
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.
f) Grant monies awarded are based on the amount specified in the original budget in the grant application; grant awards will not be increased because of subsequent increases in project costs.
Disclaimer: These regulations may not be the most recent version. Illinois may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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