Code of Massachusetts Regulations
605 CMR - BOARD OF LIBRARY COMMISSIONERS
Title 605 CMR 6.00 - Library Improvement Program - Public Library Construction
Section 6.05 - Conditions of Eligibility

1. be a city or town unless a library corporation has been designated and empowered by prior legislative action to conduct capital projects;

2. fulfill the definition of an eligible Applicant and an Eligible Project;

3. submit a Letter of Intent by the deadline established for each application round, in the format prescribed by the Board and published in the Program Notice for the grant round;

4. be certified by the Board to receive State Aid to Public Libraries under M.G.L. c. 78, § 19A and 19B in the most recent fiscal year prior to the date that the grant round Letter of Intent is filed. Certification must be maintained from the date of application through the date of the final grant payment;

5. have on file at the Board a library Strategic Plan that meets the definition in 605 CMR 6.02: Strategic Plan;

6. meet the definition of 605 CMR 6.02: Approved Public Library Project and provide certified documentation of the approval. In the case of town meeting approval, documentation may be submitted following town meeting, but not later than the date published in the Program Notice for the grant round;

7. propose improvements to a facility whose projected future functional life must be shown to be not less than 30 years;

8. not have received a construction grant award under the MPLCP in the preceding 30 years. This 30-year period is determined by comparing the date of the final Certificate of Occupancy in the previous project to the potential date of a Board award vote. A potential Applicant may seek an exception from 605 CMR 6.05(1)(a)(8) if the municipality has experienced significant unexpected population growth since the previous construction project. Evidence of significant unexpected population growth must show that the current population of the municipality meets or exceeds the population projection in the prior application;

9. if the Applicant is a municipality with multiple independent public libraries or with branch libraries, a maximum of one construction grant award will be made every five years. The five years will be determined by comparing the date of the final Certificate of Occupancy in the previous project to the potential date of a Board award. The municipality will determine which library or branch may apply, but only libraries or branches that have not received a construction grant award under the MPLCP in the previous 30 years are eligible. A comprehensive plan for library service town wide or citywide is required of the municipality;

10. submit an application that meets the requirements of 605 CMR 6.06.

1. have completed the planning and design phase in the MPLCP program through MPLCP Level of Design;

2. meet the criteria for its project type in 605 CMR 6.04;

3. meet the definition of an Approved Site;

4. have had the project's MPLCP Level of Design approved by the Board.

1. be a city or town, unless a library corporation has been designated and empowered by prior legislative action to conduct capital projects;

2. be certified by the Board to receive State Aid to Public Libraries under M.G.L. c. 78, § 19A and 19B in the most recent fiscal year;

3. plan to reconstruct or replace a main, joint, branch, or independent library;

4. plan the reconstruction or replacement of a building for the projected 30 year needs of the community.

1. that new, remodeled or renovated library buildings will be planned for a minimum operational life of 30 years;

2. that the Applicant will continue the library's participation and qualification in programs established by or the successors to M.G.L. c. 78, § 19A and 19B (State Aid to Public Libraries). Should the Applicant fail to be certified by the Board to receive State Aid during the period from acceptance into the MPLCP grant program, until project completion and final payment, this will be considered a breach of the contract;

3. that the Applicant and contractors will not knowingly employ, compensate, or arrange to compensate any employee of the Board during the term of the project, unless such arrangement is permitted under the provisions of M.G.L. c. 268A;

4. that the Board will have the authority to review and approve plans, specifications, bid documents, contract awards, payments and all documents of obligation or expenditure for the project;

5. that the owner's project manager, architect and other contractors of an approved public library project were selected using procedures as issued by the Designer Selection Board under the provisions of M.G.L. c. 7C, §§ 44 through 58;

6. that the Applicant will submit the project to local, regional or state boards or agencies for comment and/or approval as may be required by law or regulation;

7. that the Applicant will assist the Board in complying with the Massachusetts Environmental Policy Act, M.G.L. c. 30, §§ 61 through 62H;

8. that the building will be designed to minimize or eliminate embodied and operational carbon and use of fossil fuels throughout its life cycle, including construction materials/processes and ongoing operations.

9. that life cycle cost estimates of all technically feasible energy systems as defined in M.G.L. c. 149, § 44M, will be considered during design in order to ensure that the energy system with the lowest life cycle cost estimate will be identified in accordance with the provisions of M.G.L. c. 149, § 44M;

10. that the Applicant will closely monitor the cost effects of building program and design decisions and materials and systems selections so that the facility can be constructed and operated in a cost effective, sustainable, and staff efficient manner considering the type of project and structure;

11. that there will be an evaluation of flood hazard so that the facility to be constructed will be located to prevent potential flood hazards, as far as is practicable;

12. that there will be an evaluation of resiliency measures informed by the guidelines and/or tools detailed in the Program Notice;

13. that the building will be designed to minimize the effects of vandalism, weather conditions and natural conditions and that materials and finishes will be selected to minimize operational costs and maintenance. This includes provision of a fire rated enclosure for any automated or manually operated exterior book or nonprint materials return that penetrates a wall of the building;

14. that the Applicant will comply with M.G.L. c. 9, §§ 26 and 27C and 950 CMR 71.00: Protection of Properties Included in the State Register of Historical Places and any additional Massachusetts Historical Commission legal and regulatory requirements, including that which affords the Massachusetts Historical Commissioner the opportunity to review and comment as early as possible in the planning stages of the project;

15. that the building will be designed in compliance with Americans with Disabilities (ADA) federal standards and 521 CMR: Architectural Access Board, including those requirements for making alterations to historical properties to ensure that property and building are readily accessible and usable by individuals with disabilities unless a variance has been obtained for all noncompliant features;

16. that the Applicant will provide adequate supervision during the term of the project including architectural supervision and, when required, an owner's project manager that meets the qualifications required by M.G.L. c. 7C, §§ 44 through 58 and M.G.L. c. 149, § 44A½;

17. that the Board will not be held responsible for meeting any increased costs or increasing the amount of the grant award beyond the provisional award;

18. that the Board, the Governor or his designee, the Secretary of Administration and Finance, and the State Auditor or his designee will have the right, at reasonable times and upon reasonable notice, to examine the books, records and other compilations of data of the Applicant which pertain to the performance of the provisions and requirements of this agreement. Upon request, the Applicant will furnish to the Board copies of any such books, records and compilations. In all contracts or subcontracts entered into by the Applicant concerning the project, there will be included a provision requiring similar access by the Board to the contractor's or subcontractor's books, records and other compilations of data which pertain to the project according to Executive Order 195: Vendor Contracts of April 27, 1981;

19. that the Applicant will file required monthly reports, will submit every iteration of design for review by the Board, and will notify the Board when the MPLCP Level of Design of the approved public library project is completed. Within six months of completion, the Applicant must supply a certified reporting of expenditures by category, a list of financial sources, and other documentation;

20. that all grant funds received by the Applicant from the Massachusetts Public Library Construction Program will be placed in an interest-bearing account separate from other Applicant accounts, and that a copy of the first statement from this account from the financial institution will be provided to the MBLC within 45 days of receipt of the first grant payment. All planning and design grant funds, including interest income, will be retained in this account until they are expended for purposes specified in the planning and design grant application. Purposes specifically excluded include all those specified in the definition in 605 CMR 6.02: Eligible Costs;

21. that preparation of documents according to 605 CMR 6.08(2)(a) will be completed and submitted within one year of signing a grant agreement with the Board for the planning and design phase, unless the municipality withdraws from the MPLCP before entering the construction phase;

22. that a grant agreement with the Board for the construction phase of the project will be signed in the fiscal year following the signing of a grant agreement for the planning and design phase, unless the municipality withdraws from the MPLCP before entering the construction phase or the project design is unsuccessful;

23. that if a municipality chooses to withdraw from the MPLCP after the planning and design phase by either official letter or documented certified vote, or if the project design is unsuccessful, no funds for the construction phase will be disbursed;

24. that the project will comply with all current state and local building codes for libraries and all applicable standards and procedures.

1. that new, remodeled or renovated library buildings will be planned for a minimum operational life of 30 years;

2. that the project will be completed as described during the planning and design phase and approved by the Board. Any changes to the project's scope require prior written approval from the Board.

3. that the completed facility will continue to be used as a free public library for at least 30 years from the date of issuance of the final Certificate of Occupancy. Prior approval from the Board must be obtained if there is any change in proportional use, or if the building is sold or reused for a non-public library function. In the event that the building is not kept in continuous use as a free public library for 30 years, the city or town must return the amount of the grant award plus interest to the Board within 60 days of the date the library building falls out of compliance with 605 CMR 6.05;

4. that the Grantee will continue the library's participation and qualification in programs established by or the successors to M.G.L. c. 78, § 19A and 19B (State Aid to Public Libraries). Should the Grantee fail to be certified by the Board to receive State Aid during the period from acceptance into the MPLCP grant program, until project completion and final payment, this will be considered a breach of the contract;

5. that when construction is complete, the Grantee will make all full and good faith efforts to ensure that sufficient funds will be available for the effective operation and maintenance of the facility, in accordance with applicable federal, state and local requirements and standards;

6. that a sign will be displayed on the construction site stating that the project was funded or funded in part "by the Massachusetts Public Library Construction Program administered by the Massachusetts Board of Library Commissioners" and displaying the MBLC logo, that a plaque will be placed in the completed building stating that the project was funded or funded in part "by the Massachusetts Public Library Construction Program administered by the Massachusetts Board of Library Commissioners", and that MBLC funding will be acknowledged in all project publicity and events;

7. that the Grantee and contractors will not knowingly employ, compensate, or arrange to compensate any employee of the Board during the term of the project, unless such arrangement is permitted under the provisions of M.G.L. c. 268A;

8. that the Board will have the authority to review and approve plans, specifications, bid documents, contract awards, payments and all documents of obligation or expenditure for the project, and that the Grantee will submit documents for review and approval by the Board at every iteration from MPLCP Level of Design to 100% Schematic Design, 50% Design Development, 75% Design Development, 90% Design Development, 100% Design Development, 50% Construction Documents, 90% Construction Documents, 100% Construction Documents, and Bid Package levels;

9. that if required, precontract and preconstruction conferences will be held with representative(s) from the Board;

10. that the owner's project manager, architect and other contractors of an approved public library project will be selected using the procedures as outlined by the Designer Selection Board under the provisions of M.G.L. c. 7C, §§ 44 through 58;

11. that all design, construction, construction contracts, and subcontracts will be in conformity with all applicable provisions of state and local law, rules and regulations including, but not limited to, M.G.L. c. 143 and 780 CMR: State Board of Building Regulations and Standards. All construction contracts must be bid under M.G.L. c. 149, § 44A or M.G.L. c. 30, § 39M;

12. that the Grantee will be in compliance with the Affirmative Marketing Program (AMP), as established in M.G.L. c. 7C, § 6, which encourages minority business enterprise and women-owned business enterprise participation in state assisted building projects. Applicant shall ensure proper AMP reporting to the Supplier Diversity Office, pursuant to M.G.L. c. 7, § 61. Applicant will also be in compliance with M.G.L. c. 151B.

13. that the Grantee will require that all construction contracts will include the Workforce Participation Goals' percentages in use at the time of bidding as well as the processes it will use to monitor and ensure compliance with those goals. At the time of adoption of 605 CMR 6.00, the Workforce Participation Goals' percentages are 15.3% for minorities and 6.9% for women. The Applicant must not discriminate in any manner because of gender, race, color, religion, national origin, ancestry, age, sex, or handicap;

14. that the Grantee will require that all construction contracts will be in conformity with applicable law and regulations related to minority hiring. Every state-assisted contract for an approved public library project, including subcontracts, will include the Commonwealth's Supplemental Equal Opportunity/Anti Discrimination and Affirmative Action Program as part of the contract;

15. that the Grantee will comply with Executive Order 592: Order Advancing Workforce Diversity, Inclusion, Equal Opportunity, Non-Discrimination, and Affirmative Action;

16. that the Grantee will submit the project to local, regional or state boards or agencies for comment and/or approval as may be required by law or regulation;

17. that the Grantee will assist the Board in complying with the Massachusetts Environmental Policy Act, M.G.L. c. 30, §§ 61 through 62H;

18. that the building will be designed to minimize or eliminate embodied and operational carbon and use of fossil fuels throughout its life cycle, including construction materials/processes and ongoing operations.

19. that life cycle cost estimates of all technically feasible energy systems as defined in M.G.L. c. 149, § 44M, will be considered in order to ensure that the energy system with the lowest life cycle cost estimate will be identified in accordance with the provisions of M.G.L. c. 149, § 44M;

20. that the Grantee will closely monitor the cost effects of building program and design decisions and materials and systems selections so that the facility can be constructed and operated in a cost effective, sustainable, and staff efficient manner considering the type of project and structure;

21. that the building will be designed for resilience, to withstand the effects of climate change, that resiliency measures informed by the guidelines and/or tools in the Program Notice will be incorporated, and that there will be an evaluation of flood hazard so that the facility to be constructed will be located to prevent potential flood hazards, as far as is practicable;

22. that the building will be designed to minimize the effects of vandalism, weather conditions and natural conditions and that materials and finishes will be selected to minimize operational costs and maintenance. This will include provision for a fire rated enclosure for any automated or manually operated exterior book or nonprint materials return that penetrates a wall of the building;

23. that the Grantee will comply with M.G.L. c. 9, §§ 26 and 27C and 950 CMR 71.00: Protection of Properties Included in the State Register of Historical Places and any additional Massachusetts Historical Commission legal and regulatory requirements, including that which affords the Massachusetts Historical Commission the opportunity to review and comment as early as possible in the planning stages of the project;

24. that the building will be designed and constructed in compliance with Americans with Disabilities (ADA) federal standards and 521 CMR: Architectural Access Board, including those requirements for making alterations to historical properties to ensure that property and building are readily accessible and usable by individuals with disabilities unless a variance has been obtained for all noncompliant features;

25. that prior approval from the Board will be obtained for significant budget, program or plan changes and revisions including deduct change orders, excluding change orders of an emergency nature;

26. that the Grantee will provide adequate supervision during the term of the project including architectural supervision, value engineering and the retention of a qualified owner's project manager that meets the qualifications required by M.G.L. c 7C, §§ 44 through 58 and M.G.L. c. 149, § 44A½;

27. that Board staff will be provided reasonable access to the project and site with consideration for site conditions and with appropriate notification;

28. that the Board will not be held responsible for meeting any increased costs or increasing the amount of the grant award beyond the provisional award. All non-eligible costs are the responsibility of the Grantee;

29. that the project will be completed as described in the planning and design phase and approved by the Board. Any changes to the project's scope require prior written approval from the Board;

30. that the Board, the Governor or his or her designee, the Secretary of Administration and Finance, and the State Auditor or his designee will have the right, at reasonable times and upon reasonable notice, to examine the books, records and other compilations of data of the Grantee which pertain to the performance of the provisions and requirements of this agreement. Upon request, the Grantee will furnish to the Board copies of any such books, records and compilations. In all contracts or subcontracts entered into by the Grantee concerning the project, a provision must be included requiring similar access by the Board to the contractor's or subcontractor's books, records and other compilations of data which pertain to the project according to Executive Order 195: Vendor Contracts of April 27, 1981;

31. that the Grantee will file all required reports and the Board will be notified when the approved public library project is completed and a certified reporting of expenditures by category, financial sources, and other documentation will be supplied to the Board by the Applicant within six months of project completion. If the actual expenditures are projected to be less than the estimated eligible cost, the Grantee will alert the Board prior to the issuance of the grant payment associated with the final Certificate of Occupancy milestone;

32. that all grant funds received by the Grantee from the Massachusetts Public Library Construction Program will be placed in an interest-bearing account separate from other Grantee accounts. All grant funds, including interest income, will be retained in this account until they are expended for purposes specified in the construction grant application, and account statements will be included in required reports. Purposes specifically excluded include all those specified in 605 CMR 6.02: Eligible Costs. All interest earned must be expended for the library building project or other library service enhancements;

33. that the municipality will explicitly address all aspects of construction grant management in their regular annual audits for all years when grant funding is received or expended, or that a separate audit for the construction project will be carried out and provided to the MBLC.

34. that the Grantee will file a final evaluation form on the performance of contractors on the project as required by the Division of Capital Asset Management and Maintenance (DCAMM) upon completion of the project;

35. that preparation of construction documents will be completed and submitted within one year of signing a grant agreement for the construction phase with the Board;

36. that the construction start date will take place within six months of the date of acceptance by Board staff of the final construction documents (see 605 CMR 6.02: Construction Start Date;

37. that a copy of the as built drawings, in accessible electronic form, will be supplied to the Board with the Final Report;

38. that the Grantee has clear title to the project site or otherwise meets the requirements specified in 605 CMR 6.02: Title;

39. that the project site will remain as described in the planning and design phase;

40. that the construction process will comply with all current state and local building codes, including 225 CMR 23.00: Massachusetts Stretch Code and Specialized Code for Commercial Buildings, for libraries and all applicable standards and procedures;

41. that the completed project will meet or exceed a building efficiency rating of 65%.