Illinois Administrative Code › Title 44 - GOVERNMENT CONTRACTS, GRANTMAKING, PROCUREMENT AND PROPERTY MANAGEMENT › Part 1150 - SELECTION OF CONTRACTORS AND CONSULTANTS FOR ABANDONED MINED LANDS RECLAMATION PROJECTS › Subpart B - STANDARD CONSTRUCTION CONTRACTS › Section 1150.100 - Definition of Terms

Current through Register Vol. 48, No. 28, July 12, 2024
Wherever in this Part the following terms or pronouns in
				  place of them are used, words importing the masculine may be applied to
				  females, and the intent and meaning shall be interpreted as follows:
"Advertisement" - The public announcement, as required by
				  law, inviting bids for work to be performed or materials to be
				  furnished.
"AML" - Abandoned Mined Lands; of or pertaining to the
				  Abandoned Mined Lands Reclamation program.
"AVS" or "Applicant Violator System" - The computer system
				  maintained by OSM, in accordance with 30 CFR 773, to identify ownership or
				  control links involving coal mining permit applicants, permittees, and persons
				  cited in violation notices.
"Award" - The decision of the Department in the form of a
				  letter of intent to accept the proposal of the lowest responsive and
				  responsible bidder for the work, subject to the execution and approval of a
				  satisfactory contract and bond to secure the performance as required by this
				  Part, and to such other conditions as may be specified. A responsible bidder is
				  a bidder who meets the standards set forth in 44 Ill. Adm. Code 1: Subpart
				  H.
"Bid" - a Contractor's proposal.
"Bidder" - Any individual, firm, partnership or corporation
				  submitting a proposal for the work contemplated, acting directly or through a
				  authorized representative.
"Calendar Day" - Every day shown on the calendar.
"Consultant" - Any individual, sole proprietorship, firm,
				  partnership, corporation, association, or other legal entity engaged in
				  providing professional services in the practice of architecture, engineering or
				  land surveying as permitted by law.
"Contract" - The written Agreement between the Department and
				  the Contractor setting forth the obligations of the parties to the contract,
				  including, but not limited to, the performance of the work, the furnishing of
				  labor and materials, and the basis of payment. The contract includes the
				  invitation for bids, proposal, letter of award, contract form and contract
				  bond, Specifications, Supplemental Specifications, Special Provisions, general
				  and detailed plans, and any Agreements that are required to complete the
				  construction of the work in an acceptable manner, including authorized
				  extensions thereof, all of which constitute one instrument.
"Contract Bond" - The approved form of security furnished by
				  the Contractor and his/her surety as a guaranty that the contractor will
				  execute the work in accordance with the terms of the contract.
"Contractor" - The individual, firm, partnership or
				  corporation contracting with the Department for performance of prescribed
				  work.
"Department" - The Department of Natural Resources, Office of
				  Mines and Minerals, Division of Abandoned Mined Lands Reclamation, of the State
				  of Illinois, with principal offices of business at Springfield.
"Department of Transportation" - The Department of
				  Transportation of the State of Illinois with principal offices of business at
				  Springfield.
"Equipment" - All machinery and equipment, together with the
				  necessary supplies for upkeep and maintenance, and also tools and apparatus
				  necessary for the proper construction and acceptable completion of the
				  work.
"Invitation for Bids" - The advertisement for proposals for
				  all work or materials on which bids are required. Such advertisement will
				  indicate with reasonable accuracy the quantity and location of the work to be
				  done or the character and quantity of the material to be furnished and the time
				  and place of the opening of proposals.
"Materials" - Any substances specified for use in the
				  construction of the project and its appurtenances.
"OSM" - The Office of Surface Mining, Reclamation and
				  Enforcement, United States Department of the Interior.
"Pay Item" - A specifically described unit of work for which
				  a price is provided in the contract.
"Plans" - The approved plans, profiles, typical cross
				  sections, working drawings and supplemental drawings, or exact reproductions
				  thereof, which show the location, character, dimensions and details of the work
				  to be done.
"Proposal" - The offer of a bidder, on the prescribed form,
				  to perform the work and to furnish the labor and materials at the prices
				  quoted. In Subpart D, "Proposal" means the letter of interest and designated
				  portions of the Consultant's Qualifications Packet submitted to the Department
				  for consideration by the Department in selecting Consultants to provide
				  professional services.
"Proposal Guaranty" - The security furnished with a bid to
				  guarantee that the bidder will enter into the contract if his/her bid is
				  accepted.
"Special Provisions" - Additions and revisions to the
				  Standard and Supplemental Specifications covering conditions peculiar to an
				  individual project.
"Specifications" - The body of directions, provisions and
				  requirements contained in "Standard Specifications for Road and Bridge
				  Construction" adopted by the Department of Transportation, or in any supplement
				  adopted by the Department of Transportation, together with written agreements
				  and all documents of any description made or to be made pertaining to the
				  method or manner of performing and paying for the work, the quantities, or the
				  quality of materials to be furnished under the contract.
"State" - The State of Illinois acting through the Department
				  of Natural Resources, Office of Mines and Minerals, Division of Abandoned Mined
				  Lands Reclamation, or such agency or department of State Government as the
				  Department may designate.
"Structure" - Unless otherwise defined in the Specifications,
				  structures shall comprise all objects constructed of materials other than
				  earth, required by the contract to be built or to be removed.
"Subconsultant" - An individual, firm, partnership, or
				  corporation who, with the written consent of the Department, assumes obligation
				  for performing specified professional services.
"Subcontractor" - An individual, firm, partnership, or
				  corporation who, with the written consent of the Department, assumes obligation
				  for performing specified contract work.
"Supplemental Specifications" - Additions and revisions to
				  the Standard Specifications for Road and Bridge Construction of the Illinois
				  Department of Transportation, as modified and referenced in the proposal and
				  contract.
"Surety" - The corporation, partnership or individual, other
				  than the Contractor, executing the Contract Bond.
"Work" - Work shall mean the furnishing of all labor,
				  materials, equipment, and other incidentals necessary or convenient to the
				  successful completion of the project and the carrying out of all the duties and
				  obligations imposed by the contract.