Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 661 - GENERAL CONDITIONS OF GRANTS FOR THE FINANCING AND CONSTRUCTION OF PUBLIC WATER SUPPLY FACILITIES › Subpart A - INTRODUCTION › Section 661.102 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
a) Unless specified
				otherwise, all terms shall have the meanings set forth in the Environmental
				Protection Act.
b) For purposes of
				this Part and 35 Ill. Adm. Code 660, the following definitions apply:
"Act" means the Environmental Protection Act [ 415 ILCS 5
				  ].
"Addenda" means written or graphic instruments issued prior
				  to the execution of the agreement that modify or interpret the contract
				  documents, drawings, and specifications, by additions, deletions,
				  clarifications, or corrections.
"Agency" means the Illinois Environmental Protection
				  Agency.
"Applicant" means grant applicant.
"Bid" means the offer or proposal of the bidder submitted on
				  the prescribed form setting forth the prices for the work to be
				  performed.
"Bidder" means any person, firm or corporation submitting a
				  bid for the work.
"Change order" means a written order to the contractor
				  authorizing an addition, deletion or revision in the work within the general
				  scope of the contract documents, or authorizing an adjustment in the contract
				  price or contract time.
"Construction" means any one or more of the following:
				  surveys, designs, plans, working drawings, specifications, erection, building,
				  acquisition (of equipment, supplies, or components), alteration, remodeling,
				  improvement, or extension of treatment works, or the inspection or supervision
				  of any of the foregoing items.
"Contract documents" means the contract, including
				  advertisement for bid, information for bidders, bid, bid bond, agreements,
				  payment bond, performance bond, notice of award, notice to proceed, change
				  order, drawings, specifications, and addenda.
"Contract price" means the total monies payable to the
				  contractor under the terms and conditions of the contract documents.
"Contract time" means the number of calendar days stated in
				  the contract documents for the completion of all the work including punch list
				  items.
"Contractor" means the person, firm or corporation with whom
				  the owner has executed a subagreement.
"Director" means the Director of the Illinois Environmental
				  Protection Agency.
"Drawings" means the part of the contract documents that
				  shows the characteristics and scope of the work to be performed and that has
				  been prepared by or approved by the engineer based upon the engineer's
				  professional judgment.
"Engineer" means the person, firm or corporation named as
				  such in the contract documents.
"Field order" means a written order effecting a change in the
				  work not involving an adjustment in the contract price or an extension of the
				  contract time, issued by the engineer to the contractor during
				  construction.
"Force account work" means work performed or a purchase made
				  by a grantee in lieu of such work being performed or purchase being made by a
				  person other than the grantee.
"Generally accepted accounting principles" or "GAAP" has the
				  meaning provided in accounting standards issued by the Government Accounting
				  Standards Board and the Financial Accounting Standards Board.
"Generally accepted auditing standards" means generally
				  accepted government auditing standards issued by the Comptroller General of the
				  United States that are applicable to financial audits.
"Grant" means a grant under Section 4(x)(1) of the
				  Act.
"Grant agreement" means the written agreement between the
				  Agency and a grant recipient (applicant) in which the terms and conditions
				  governing the grant are stated and agreed to by both parties.
"Grant applicant" means the unit of local government which
				  has applied for a grant under Section 4(x)(1) of the Act.
"Grantee" or "Owner" means the unit of local government which
				  has received a grant under Section 4(x)(1) of the Act.
"Grant procedures" means the procedures for issuing grants
				  under Section 4(x)(1) of the Act.
"Initiation of operation" means the date specified by the
				  grant recipient on which use of the project begins for the purposes that it was
				  planned, designed and built.
"Notice of award" means the written notice of the acceptance
				  of the bid from the owner to the successful bidder.
"Notice to proceed" means written communications issued by
				  the owner to the contractor authorizing him to proceed with the work and
				  establishing the date of commencement of the work.
"Professional judgment" means the use of those engineering
				  principles and practices used by engineers when fulfilling their requirements
				  and duties consistent with the specific requirements of this Part and as
				  certified by a Professional Engineer licensed under the Illinois Professional
				  Engineering Act [ 225 ILCS 325 ].
"Project" means the undertaking to be performed as provided
				  in the grant agreement.
"Resident project representative" means the authorized
				  representative of the owner who is assigned to the project site or any part of
				  the project site.
"Responsible bidder" means a bidder who meets all of the
				  criteria for responsibility established by the grantee or contractor in the
				  invitation for bid or proposal and, in addition, meets all of the criteria set
				  forth in Section
				  661.301(j)(1).
"Responsive bidder" means a bidder who complies with the
				  invitation for bid or proposal in all material respects as to the method,
				  substance and timeliness of submission.
"Shop drawings" means all drawings, diagrams, illustrations,
				  brochures, schedules and other data which are prepared by the contractor,
				  subcontractor, manufacturer, supplier or distributor, which illustrate how
				  specific portions of the work shall be fabricated or installed.
"Specifications" means a part of the contract documents
				  consisting of written descriptions of a technical nature of materials,
				  equipment, construction systems, standards and workmanship.
"Subagreement" means a written agreement between the grant
				  recipient and another party and any agreement thereunder for the furnishing of
				  services, supplies or equipment necessary to complete the project for which a
				  grant was awarded, including contracts for personal and professional services
				  and purchase orders.
"Subcontractor" means an individual, firm or corporation
				  having a direct contract with the contractor or with any other subcontractor
				  for the performance of a part of the work.
"Substantial completion" means the date certified by the
				  engineer when the construction of the project or a specified part of the
				  project is sufficiently completed, in accordance with the contract documents,
				  so that the project or specified part can be utilized for the purpose for which
				  it is intended.
"Supplier" means any person or organization who supplies
				  materials or equipment for the work, including that fabricated to a special
				  design, but who does not perform labor at the site.
"Unit of local government" means a county, municipality,
				  township, municipal or county water or utility authority, municipal public
				  water district, improvement authority or municipal subdivision whose primary
				  purpose is to construct, operate and maintain public water supply
				  facilities.
"Work" means all labor necessary to produce the construction
				  required by the contract documents, and all materials and equipment
				  incorporated or to be incorporated in the project.
"Written notice" means any notice to any party of the
				  agreement relative to any part of this agreement in writing. Written notice
				  shall be considered delivered and the service of that notice completed, when
				  posted by certified or registered mail to the said party at his or her last
				  given address or delivered in person to said party or his or her authorized
				  representative on the work.