35 ILLINOIS ADMINISTRATIVE CODE
    CH. II, SEC. 360
    SUBTITLE
    C
     
    TITLE 35: ENVIRONMENTAL PROTECTION
    SUBTITLE C: WATER POLLUTION
    CHAPTER II: ENVIRONMENTAL PROTECTION AGENCY
     
    PART 360
    GENERAL CONDITIONS OF STATE OF ILLINOIS GRANTS FOR SEWAGE
    TREATMENT WORKS UNDER THE ANTI-POLLUTION BOND ACT OF 1970
     
    SUBPART A: LIABILITIES AND REMEDIES FOR FAILURE TO
    COMPLY WITH GRANT CONDITIONS
     
    Section
    360.101 Noncompliance with Grant Conditions
    360.102 Stop-Work Order
    360.103 Termination
    360.104 Waiver of Conditions
     
    SUBPART B: REQUIREMENTS APPLICABLE TO APPLICATIONS FOR GRANTS
     
    Section
    360.201 Contents of Grant Applications
    360.202 Sewer System Evaluation and Rehabilitation
    360.203 Facilities Planning
    360.204 Covenant Against Contingent Fees
    360.205 Areawide Waste Treatment Management Planning
     
    SUBPART C: REQUIREMENTS APPLICABLE TO SUBAGREEMENTS OF GRANTEE
     
    Section
    360.301 General Conditions for all Subagreements
    360.302 Construction Contracts of Grantee
    360.303 Contracts for Personal and Professional Services
    Consulting Engineering
    Agreements
    360.304 Equal Opportunity
    360.305 Compliance With Procurement Requirements
    360.306 Disputes
    360.307 Indemnity
     
    SUBPART D: REQUIREMENTS APPLICABLE TO INITIATION, AMENDMENT,
    COMPLETION AND OPERATION OF PROJECT
     
    Section
    360.401 Project Initiation

     
    35 ILLINOIS ADMINISTRATIVE CODE
    CH. II, SEC. 360
    SUBTITLE
    C
     
    360.402 Project Changes
    360.403 Supervision
    360.404 Project Sign
    360.405 Final Inspection
    360.406 Operation and Maintenance
     
    SUBPART E: REQUIREMENTS APPLICABLE TO ACCESS,
    AUDITING, AND RECORDS
     
    Section
    360.501 Access
    360.502 Audit and Records
    360.503 Reports
     
    SUBPART F: REQUIREMENTS FOR SEWER USE ORDINANCE,
    USER CHARGES AND FLOOD PLAIN INSURANCE
     
    Section
    360.601 Sewer Use Ordinance
    360.602 User Charges
    360.603 Flood Plain Insurance
     
    SUBPART G: INCORPORATED REQUIREMENTS
     
    Section
    360.701 Statutory Conditions
    360.702 Incorporation of Documents
     
    SUBPART H: REQUIREMENTS APPLICABLE TO PAYMENT OF GRANTS
     
    Section
    360.801 Determination of Allowable Costs
    360.802 Amount of Grant-Percentage
    of Approved Allowable Costs
    360.803 Use of Grant and Payment of Non-Allowable Costs
    360.804 Grant Payment Schedule
    360.805 Other Federal or State Grants
     
    360.APPENDIX A General Conditions of Construction Contract Document (Document No.
    11 of the Contract Documents for Construction of Federally Assisted
    Water and Sewer Projects)
    360.APPENDIX B Access to Records
    Audit (Existing Consulting Engineering Agreement)
    (applicable to consulting engineering agreements entered into between
    June 30, 1975 and July 1, 1976)

     
    35 ILLINOIS ADMINISTRATIVE CODE
    CH. II, SEC. 360
    SUBTITLE
    C
     
    360.APPENDIX C Required Provisions
    Consulting Engineering Agreements (Applicable to
    consulting engineering agreements entered into after July 1, 1976)
    360.APPENDIX D Procedures for Determination of Indirect Costs and Indirect Cost Rates
     
    AUTHORITY: Implementing and authorized by Section 4 of the Anti Pollution Bond Act (Ill.
    Rev. Stat., 1989, ch. 127, par. 454).
     
    SOURCE: Adopted August 27, 1976; amended at 6 Ill. Reg. 10941, effective September 15,
    1982; codified at 7 Ill. Reg. 9295; amended at 16 Ill. Reg. 5891, effective March 31, 1992.
     
    SUBPART A: LIABILITIES AND REMEDIES FOR FAILURE TO
    COMPLY WITH GRANT CONDITIONS
     
    Section 360.101 Noncompliance with Grant Conditions
      
     
    a) In addition to such other remedies as may be provided by law, in the event of
    noncompliance with any condition imposed pursuant to this grant, the grant may
    be annulled and all grant funds recovered, or
     
    1) The grant may be terminated pursuant to General Condition Section
    360.103, (Termination) hereof; or
     
    2) The project work may be suspended pursuant to General Condition,
    Section 360.102, (Stop-Work Order) hereof;
     
    3) An injunction may be entered by an appropriate court; or
     
    4) Such other action may be taken by the Agency as the Director shall
    determine.
     
    b) No action shall be taken under this general condition without prior consultation
    with the applicant.
     
    Section 360.102 Stop-Work Order
      
     
    a) The Agency may, at any time, by written order to the grantee, require the grantee
    to stop all or any part of the project work for a period of not more than 30 days
    after the date of the order, and for any further period to which the parties may
    agree. Any such order shall be specifically identified as a stop-work order issued
    pursuant to this clause. Upon receipt of such an order, the grantee shall forthwith
    comply with its terms and take all reasonable steps to minimize the incurrence of
    costs allocable to the work covered by the order during the period of work
    stoppage. Within a period of not more than 30 days of the date of the stop-work

     
    35 ILLINOIS ADMINISTRATIVE CODE CH. II, SEC. 360.102
    SUBTITLE
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    order, or within any extension of that period to which the parties shall have
    agreed, the Agency shall either
     
     
    1) Cancel the stop-work order; or
     
    2) Terminate the work covered by such an order as provided in General
    Condition Section 360.103, (Termination) hereof.
     
    b) If a stop-work order issued under this condition is canceled or the period of the
    order or any extension thereof expires, the grantee shall resume work. An
    equitable adjustment shall be made in the grant period, the project period, or grant
    amount, or all of these, and the grant instrument shall be amended accordingly, if:
     
    1) The stop-work order results either in an increase in the time required for,
    or in the grantee's cost properly allocable to the performance of any part of
    the project; and
     
    2) The grantee asserts a written claim for such adjustment within 30 days
    after the end of the period of work stoppage: Provided, That if the Agency
    decides the circumstances justify such action, the Agency may receive and
    act upon any such claim asserted at any time prior to final payment under
    this grant.
     
    c) No costs which are incurred by the grantee after the receipt of a stop-work order,
    or within any extension of the stop-work order period to which the Agency and
    the grantee shall have agreed, shall be allowable costs hereunder unless
    authorized by the Agency in writing or as otherwise authorized under this general
    condition.
     
    Section 360.103 Termination
      
     
    a) Grant Termination by Agency
     
    The Agency, by written notice and after consultation with the grantee, may
    terminate the grant, in whole or in part. Cause for termination shall include, but
    not be limited to: default by the grantee, failure by the grantee to comply with the
    terms and conditions of the grant, realignment of programs, change in program
    requirements or priorities, lack of adequate funding, or advancements in the state
    of the art. Upon such termination, the grantee shall refund to the State of Illinois
    Anti-Pollution Fund any unexpended grant funds, except such portion thereof as
    may be required by the grantee to make payment for materials and equipment
    furnished or services rendered under an enforceable contract prior to the effective
    date of the termination and further provided that such costs are otherwise

     
    35 ILLINOIS ADMINISTRATIVE CODE CH. II, SEC. 360.103
    SUBTITLE
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    allowable under the conditions of this grant.
     
    b) Project Termination by Grantee
     
    The grantee may not terminate a project for which the grant has been awarded,
    except for good cause. If the Agency finds that there is good cause for the
    termination of all or any portion of a project for which the grant has been
    awarded, it shall enter into a termination agreement or unilaterally terminate the
    grant, effective with the date of termination of the project by the grantee. If the
    Agency finds that the grantee has terminated the project without good cause, then
    the grant shall be annulled and all grant funds previously paid or owing to the
    grantee shall be returned to the State of Illinois Anti-Pollution Fund as final
    settlement.
     
    Section 360.104 Waiver of Conditions
      
     
    a) Except as stated in paragraph (b) below, the Director of the Agency may waive
    any of these General Conditions, either in whole or in part, with respect to any
    grant offer, by a statement made in writing to the grantee, either as a special
    condition of the grant offer or otherwise (and the waiver made subject to such
    additional conditions as the Director may deem necessary), if the purpose of the
    requirement has been accomplished or if the requirement waived is not considered
    by the Director to be necessary to insure the integrity of the project.
     
    b) The following conditions will not be waived:
     
    1) General Condition Section 360.401, (Project Initiation).
     
    2) General Condition Section 360.601, (Sewer Use Ordinances).
     
    3) General Condition Section 360.602, (User Charges)
     
    4) General Condition Section 360.203, (Facilities Planning).
     
    5) General Condition Section 360.202, (Sewer System Evaluation and
    Rehabilitation).
     
    6) General Condition Section 360.205, (Areawide Waste Treatment
    Management Planning).
     
    SUBPART B: REQUIREMENTS APPLICABLE TO APPLICATIONS FOR GRANTS
     
    Section 360.201 Contents of Grant Applications
      

     
    35 ILLINOIS ADMINISTRATIVE CODE CH. II, SEC. 360.201
    SUBTITLE
    C
     
     
    a) The grantee shall furnish the following documents, plans, contracts, subcontracts,
    agreements, subagreements, approvals, assurances and evidences in form
    satisfactory to the Agency and no grant offer or grant amendment shall be made
    until such documentation has been submitted to and approved by the Agency.
    However, in the case of grants in which one or more steps are combined under
    one grant offer, pursuant to Condition Section 360.104, (Waiver of Conditions)
    hereof, the submission of such documents may be deferred, in accordance with an
    agreed-upon schedule, until required for the appropriate step.
     
    b) Step 1 project
     
    Application for a Step 1 (facilities planning) grant shall include:
     
    1) A plan of study presenting:
     
    A) The proposed planning area;
     
    B) An identification of the entity or entities that will be conducting
    the planning;
     
    C) The nature and scope of the proposed Step 1 project, including a
    schedule for the completion of specific tasks; and
     
    D) An itemized description of the estimated costs for the project;
     
    2) Proposed contracts, subcontracts, agreements and subagreements, or an
    explanation of the intended method of awarding contracts, subcontracts,
    agreements and subagreements for performance of any substantial portion
    of the project work;
     
    3) Required comments or approvals of relevant state, local, and federal
    agencies (including "Clearinghouse" requirements of OMB Circular A-95,
    promulgated at 38 FR 32874 on November 28, 1973). However, in the
    case in which the requirement of such comments and approvals is waived
    by the Director, pursuant to Condition Section 360.104, (Waiver of
    Conditions) hereof, they shall not be required hereunder.
     
    c) Step 2 project
     
    Preparation of construction
    drawings and specifications. Prior to the award of a
    grant or grant amendment for a Step 2 project, the following must have been
    furnished in addition to each of the items specified in paragraph (b) of this

     
    35 ILLINOIS ADMINISTRATIVE CODE CH. II, SEC. 360.201
    SUBTITLE
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    condition:
     
    1) A facilities plan (including an environmental assessment) in accordance
    with General Condition Section 360.203, (Facilities Planning) hereof;
     
    2) Satisfactory evidence of compliance with the user charge provisions of
    General Conditions Section 360.602, (User Charges) hereof;
     
    3) A statement regarding availability of the proposed site, if relevant;
     
    4) Satisfactory evidence of compliance with other applicable federal statutory
    and regulatory requirements (see 40 CFR 30);
     
    5) Proposed contracts, subcontracts, agreements and subagreements or an
    explanation of the intended method of awarding contracts, subcontracts,
    agreements and subagreements for performance of any substantial portion
    of the project work;
     
    6) Required comments or approvals of relevant state, local, and federal
    agencies (including "Clearinghouse" requirements of OMB Circular A-95)
    if a grant application has not been previously submitted. However, in the
    case in which the requirement of such comments and approvals is waived
    by the Director, pursuant to Condition Section 360.104, (Waiver of
    Conditions) hereof, they shall not be required hereunder.
     
    d) Step 3 project
     
    Building and erection of a treatment works. Prior to the award of a grant or grant
    amendment for a Step 3 project, each of the items specified in paragraphs (b) and
    (c) of this condition must have been furnished to and approved by the Agency,
    and in addition the following shall have been submitted to and approved by the
    Agency:
     
    1) Construction drawings and specifications, suitable for bidding purposes;
     
    2) A schedule for or evidence of compliance with General Condition Section
    360.406, (Operation and Maintenance) hereof concerning an operation and
    maintenance program;
     
    3) If bids have been taken, bid evaluations, prior to award, prepared in
    accordance with the provisions of General Conditions Section 360.302,
    (Construction Contracts of Grantee) hereof, in such form and content as
    the Agency may direct;

     
    35 ILLINOIS ADMINISTRATIVE CODE CH. II, SEC. 360.201
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    4) Proposed contracts, subcontracts, agreements and subagreements for Step
    3 project construction, prepared in accordance with all applicable
    provisions of these Grant Conditions; and
     
    5) A construction permit or "authorization to construct" from the Agency,
    pursuant to the provisions of Rule 910 or 951, whichever may be
    applicable, of Chapter 3, Water Pollution, of the Regulations of the Illinois
    Pollution Control Board.
     
    Section 360.202 Sewer System Evaluation and Rehabilitation
      
     
    a)
     
    1) All grantees whose grant assistance is awarded after July 1, 1973 must
    demonstrate to the satisfaction of the Agency that each sewer system
    discharging into the treatment works project for which the grant offer is
    made is not or will not be subject to excessive infiltration/inflow. The
    determination whether excessive infiltration/inflow exists may take into
    account, in addition to flow and related data, other significant factors such
    as cost-effectiveness (including the cost of substantial treatment works
    construction delay), public health emergencies, the effects of plant
    bypassing or overloading, or relevant economic or environmental factors.
     
    2) The determination whether or not excessive infiltration/inflow exists will
    generally be accomplished through a sewer system evaluation consisting
    of:
     
    A) An infiltration/inflow analysis; and, if appropriate,
     
    B) A sewer system evaluation survey followed by rehabilitation of the
    sewer system to eliminate any excessive infiltration/inflow defined
    in the sewer system evaluation.
     
    b) The infiltration/inflow
    analysis shall demonstrate the non-existence or possible
    existence of excessive infiltration/inflow in each sewer system tributary to the
    treatment works. The analysis should identify the presence, flow rate, and type of
    infiltration/inflow conditions which exist in the sewer systems. Information to be
    obtained and evaluated in the analysis should include, to the extent appropriate,
    the following:
     
    1) Estimated flow data at the treatment facility, all significant overflows and
    bypasses, and, if necessary, flows at key points within the sewer system.

     
    35 ILLINOIS ADMINISTRATIVE CODE CH. II, SEC. 360.202
    SUBTITLE
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    2) Relationship of existing population and industrial contribution to flows in
    the sewer system.
     
    3) Geographical and geological conditions which may affect the present and
    future flow rates or correction costs for the infiltration/inflow.
     
    4) A discussion of age, length, type, materials of construction and known
    physical condition of the sewer system.
     
    5) For determination of the possible existence of excessive
    infiltration/inflow, the analysis shall include an estimate of the cost of
    eliminating the infiltration/inflow conditions. These costs shall be
    compared with estimated total costs for transportation and treatment of the
    infiltration/inflow.
     
    6) If the infiltration/inflow analysis demonstrates the existence or possible
    existence of excessive infiltration/inflow, a detailed plan for a sewer
    system evaluation survey shall be included in the analysis. The plan shall
    outline the tasks to be performed in the survey and their estimated costs.
     
    7) The sewer system evaluation survey shall consist of a systematic
    examination of the sewer systems to determine the specific location,
    estimated flow rate, method of rehabilitation and cost of rehabilitation,
    method of rehabilitation and cost of rehabilitation versus cost of
    transportation and treatment for each defined source of infiltration/inflow.
     
    8) The results of the sewer system evaluation survey shall be summarized in
    a report. In addition, the report shall include:
     
    A) A justification for each sewer section cleaned and internally
    inspected.
     
    B) A proposed rehabilitation program for the sewer systems to
    eliminate all defined excessive infiltration/inflow.
     
    C) Exception
     
    In the event it is determined by the Agency that the treatment
    works would be regarded (in the absence of an acceptable program
    of correction) as being subject to excessive or possible excessive
    infiltration/inflow, grant assistance may be offered provided that
    the grantee establishes to the satisfaction of the Agency that the

     
    35 ILLINOIS ADMINISTRATIVE CODE CH. II, SEC. 360.202
    SUBTITLE
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    treatment works project for which grant application is made will
    not be significantly changed by any subsequent rehabilitation
    program or will be a component part of any rehabilitation system:
    Provided, That the grantee agrees to complete the sewer system
    evaluation and any resulting rehabilitation on an implementation
    schedule, which shall be inserted as a special condition in this
    grant agreement.
     
    Section 360.203 Facilities Planning
      
     
    a) The grantee shall undertake and complete facilities planning which shall consist
    of plans and studies which are directly related to the construction of publicly
    owned treatment works to comply with the provisions of the Environmental
    Protection Act (Ill. Rev. Stat. 1975, ch. 111½, pars. 1001 et seq.) and regulations
    adopted thereunder or Sections 301 and 302 of the Federal Water Pollution
    Control Act (PL 92-500, as amended) and regulations adopted thereunder,
    whichever are more stringent. The grantee shall demonstrate to the satisfaction of
    the Agency through such plans and studies the need for such facilities and, by a
    systematic evaluation of feasible alternatives, shall also demonstrate that the
    proposed measures represent the most cost-effective means of meeting applicable
    effluent limitations and water quality standards and goals, recognizing
    environmental and social conditions.
     
    b) If the information required to be furnished as part of a facilities plan has been
    developed separately, it should be furnished and incorporated by reference in the
    facilities plan. Planning previously or collaterally accomplished under local, state
    or federal programs will be utilized (not duplicated).
     
    c) The completed facilities plan must be submitted by the grantee and approved by
    the Agency. Where deficiencies in a facilities plan are discovered, the Agency
    shall promptly notify the grantee in writing of the nature of such deficiencies and
    of the recommended course of action to correct such deficiencies. Approval of a
    plan of study or a facilities plan will not constitute an obligation of the State of
    Illinois or the Agency for any Step 2, Step 3, or combination Steps 2 and 3
    project.
     
    d) A facilities plan submitted for approval shall include adopted resolutions or,
    where applicable, executed agreements of the implementing governmental units
    or management agencies providing for acceptance of the plan, or assurances that
    it will be carried out, and statements of legal authority necessary for plan
    implementation.
     
    e) A facilities plan may include more than one Step 3 project and provide the basis

     
    35 ILLINOIS ADMINISTRATIVE CODE CH. II, SEC. 360.203
    SUBTITLE
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    for several subsequent Step 2, Step 2-3, or Step 3 projects. A facilities plan which
    has served as the basis for the award of a grant for a Step 2, Step 2-3, or Step 3
    project shall be reviewed prior to the award of any grant for a subsequent project
    involving Step 2 or Step 3 to determine if substantial changes have occurred. If in
    the judgement of the Agency substantial changes have occurred which warrant
    revision or amendment, the plan shall be revised or amended and submitted for
    review in the same manner specified in (c) above.
     
    f) Facilities planning must be in accordance with the following requirements, and
    such other requirements as may be determined to be appropriate by the Agency.
    Such facilities plan shall include:
     
    1) A description of the treatment works for which construction drawings and
    specifications are to be prepared. This description shall include
    preliminary engineering data, cost estimates for design and construction of
    the treatment works, and a schedule for completion of design and
    construction. The preliminary engineering data may include, to the extent
    appropriate, such information as a schematic flow diagram, unit processes,
    design data regarding detention times, flow rates, sizing of units, etc.
     
    2) A description of the selected complete waste treatment system(s) of which
    the proposed treatment works is a part. The description shall cover all
    elements of the system, from the service area and collection sewers,
    through treatment, to the ultimate discharge of treated wastewaters and
    disposal of sludge.
     
    3) Infiltration/inflow documentation
    in accordance with General Condition
    Section 360.202, (Sewer System Evaluation and Rehabilitation) hereof.
     
    4) A cost-effective analysis of alternatives for the treatment works and for
    the waste treatment system(s) of which the treatment works is a part. The
    selection of the system(s) and choice of the treatment works on which
    construction drawings and specifications are to be based shall reflect the
    cost-effectiveness analysis. This analysis shall include:
     
    A) The relationship of the size and capacity of alternative works to the
    needs to be served, including reserve capacity;
     
    B) An evaluation of alternative flow and waste reduction measures;
     
    C) An evaluation of improved effluent quality attainable by upgrading
    the operation and maintenance and efficiency of existing facilities
    as an alternative or supplement to construction of new facilities;

     
    35 ILLINOIS ADMINISTRATIVE CODE CH. II, SEC. 360.203
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    D) An evaluation of the capability of each alternative to meet
    applicable effluent limitations. The treatment works design must
    be based upon meeting the effluent limitations of the
    Environmental Protection Act (Ill. Rev. Stat. 1975, ch. 111½, pars.
    1001 et seq.) and regulations adopted thereunder or Sections 301
    and 302 of the Federal Water Pollution Control Act (PL 92-500)
    and regulations adopted thereunder, whichever are more stringent.
     
    E) An identification of, and provision for, applying the best
    practicable waste treatment technology (BPWTT) as defined by the
    United States Environmental Protection Agency, based upon an
    evaluation of technologies included under each of the following
    waste treatment management techniques:
     
    i) Biological or physical-chemical treatment and discharge to
    receiving waters;
     
    ii) Treatment and reuse; and
     
    iii) Land application techniques.
     
    F) All Step 2, Step 3 or combination Step 2-3 projects for publicly-
    owned treatment works construction from funds authorized for any
    fiscal year beginning after June 30, 1974, shall be based upon
    application of BPWTT, as a minimum. Where application of
    BPWTT would not meet water quality standards, the facilities plan
    shall provide for attaining such standards. Such provision shall
    consider the alternative of treating combined sewer overflows.
     
    G) An evaluation of the alternative means by which ultimate disposal
    can be effected for treated wastewater and for sludge materials
    resulting from the treatment process, and a determination of the
    means chosen.
     
    H) An adequate assessment of the expected environmental impact of
    alternatives including sites consistent with the requirements of the
    National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
    seq.). This assessment shall be revised as necessary to include
    information developed during subsequent project steps.
     
    5) An identification of effluent discharge limitations, or where a permit has
    been issued, a copy of the permit for the proposed treatment works as

     
    35 ILLINOIS ADMINISTRATIVE CODE CH. II, SEC. 360.203
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    required by the National Pollutant Discharge Elimination System.
     
    6) Required comments or approvals of relevant State, interstate, regional, and
    local agencies.
     
    7) A brief summary of any public meeting or hearing held during the
    planning process including a summary of the views expressed.
     
    8) A brief statement demonstrating that the authorities which will be
    implementing the plan have the necessary legal, financial, institutional,
    and managerial resources available to insure the construction, operation,
    and maintenance of the proposed treatment works.
     
    9) As applicable, public participation in the facilities planning process shall
    be consistent with 40 CFR 105. One or more public hearings or meetings
    shall be held within the area to obtain public advice at the beginning of the
    planning process. All governmental agencies and other parties which are
    known to be concerned or may have an interest in the plan shall be invited
    to participate. As a minimum, the following shall be required:
     
    A) A public hearing shall be held prior to the adoption of the facilities
    plan by the implementing governmental units. This public hearing
    for the facilities plan may satisfy the hearing requirement of
    (f)(4)(g) above. The Agency may require the grantee to hold
    additional public hearings, if needed, to more fully discuss the plan
    and alternatives or to afford concerned interests adequate
    opportunity to express their views.
     
    B) The time and place of the public hearing shall be conspicuously
    and adequately announced, generally at least 30 days in advance.
    In addition, a description of the water quality problems and the
    principal alternatives considered in the planning process shall be
    displayed at a convenient local site sufficiently prior to the hearing
    (approximately 15 days).
     
    C) Appropriate local and state agencies; state and regional
    clearinghouses, interested environmental groups and appropriate
    local public officials should receive written notice of public
    hearings.
     
    10) Grant assistance for Step 2 or 3 may be awarded prior to approval of a
    facilities plan for the entire geographic area to be served by the complete
    waste treatment system of which the proposed treatment works will be an

     
    35 ILLINOIS ADMINISTRATIVE CODE CH. II, SEC. 360.203
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    integral part if the Agency determines that applicable minimum
    requirements have been met (see) (f)(3) and (f)(4)(A), (D), and (G) of this
    general condition); that the facilities planning relevant to the proposed
    Step 2 or 3 project has been substantially completed; and that the Step 2 or
    3 project for which grant assistance is made will not be significantly
    affected by the completion of the facilities plan and will be a component
    part of the complete system: Provided, That the applicant agrees to
    complete the facilities plan on a schedule which shall be inserted as a
    special condition of this grant offer.
     
    g)
     
    1) The scope of each treatment works project defined within the facilities
    plan as being required for implementation of the plan, and for which state
    or federal assistance will be requested, shall define:
     
    A) Any necessary new treatment works construction; and
     
    B) Any rehabilitation work determined by the sewer system
    evaluation to be necessary for the elimination of excessive
    infiltration/inflow. However, rehabilitation which should be a part
    of the grantee's normal operation and maintenance responsibilities
    shall not be included within the scope of a Step 3 treatment works
    project.
     
    2) Grant assistance for a Step 3 project segment consisting of rehabilitation
    work may be awarded concurrently with Step 2 work for the design of the
    new treatment works construction.
     
    Section 360.204 Covenant Against Contingent Fees
      
     
    The grantee warrants that no person or agency has been employed or retained to solicit or secure
    this grant upon an agreement or understanding for a commission, percentage, brokerage, or
    contingent fee. For breach or violation of this warranty, the Agency shall have the right to annul
    this grant award, or otherwise recover, the full amount of such commission, percentage,
    brokerage or contingent fee.
     
    Section 360.205 Areawide Waste Treatment Management Planning
      
     
    The grantee shall provide such assurances as the Agency may require that the project is fully
    consistent with the requirements of the applicable areawide waste treatment management plan
    effective pursuant to the provisions of Section 208 of the Federal Water Pollution Control Act
    Amendments of 1972 (33 U.S.C. 1288)

     
    35 ILLINOIS ADMINISTRATIVE CODE CH. II, SEC. 360.301
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    SUBPART C: REQUIREMENTS APPLICABLE TO APPLICATIONS FOR GRANTS
     
    Section 360.301 General Conditions for all Subagreements
      
     
    a)
     
    1) The following conditions shall apply to all subagreements entered into
    between the grantee and any other party and any tier of agreement
    thereunder for the furnishing of services, supplies, or equipment necessary
    to complete the project for which the grant is awarded, including contracts
    and subcontracts for personal and professional services, and for
    construction and purchase orders.
     
    2) Definitions
     
    A) "Grant agreement"
     
    The written agreement and amendments thereto between the
    Agency and a grantee (applicant) in which the terms and
    conditions governing the grant are stated and agreed to by both
    parties.
     
    B) "Subagreement"
     
    A written agreement between the grantee and another party and
    any tier of 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.
     
    C) "Contractor"
     
    The person to whom a subagreement is awarded.
     
    D) "Grantee"
     
    The unit of local government which has been awarded a grant for
    planning or construction of a treatment works under the Anti-
    Pollution Bond Act.
     
    b) Local preference
     

     
    35 ILLINOIS ADMINISTRATIVE CODE CH. II, SEC. 360.301
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    Local laws, ordinances, regulations or procedures which are designed to or
    operate to give local or in-state bidders or proposers preference over other bidders
    or proposers shall not be employed in evaluating bids or proposals for
    subagreements under a grant.
     
    c) Competition
     
    It is the policy of the Agency to encourage free and open competition appropriate
    to the type of project work to be performed.
     
    d) Profits
     
    Only fair and reasonable profits may be earned by contractors in subagreements
    under Agency grants. Profit included in a formally advertised, competitively bid,
    fixed price construction contract awarded pursuant to General Condition Section
    360.302, (Construction Contracts of Grantee) is presumed to be reasonable.
     
    e) Grantee responsibility
     
    The grantee is responsible for the administration and successful accomplishment
    of the project for which Agency grant assistance is awarded. The grantee is
    responsible for the settlement and satisfaction of all contractual and administrative
    issues arising out of subagreements entered into under the grant in accordance
    with sound business judgment and good administrative practice. This includes
    but is not limited to issuance of invitations for bids or requests for proposals,
    selection of contractors, protests of award, claims, disputes, and other
    procurement matters. With the prior written consent of the Agency, these
    functions may be performed for the grantee by an individual or firm retained by
    the grantee for that purpose. Such an agent acts for the grantee and is subject to
    all the provisions of the grant agreement, including these General Conditions,
    which apply to the grantee.
     
    f) Privity of contract
     
    Neither the Agency nor the State of Illinois shall be a party to any subagreement
    (including contracts or subcontracts), nor to any solicitation or request for
    proposals therefor.
     
    g) General requirements
     
    Subagreements must:
     
    1) Be necessary for and directly related to the accomplishment of the project

     
    35 ILLINOIS ADMINISTRATIVE CODE CH. II, SEC. 360.301
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    work;
     
    2) Be in the form or a bilaterally executed written agreement (except for
    small purchases of $10,000 or less);
     
    3) Be for monetary or in-kind consideration; and
     
    4) Not be in the nature of a grant or gift.
     
    h) Documentation
     
    1) Procurement records and files for purchases in excess of $10,000 shall
    include the following:
     
    A) Basis for contractor selection;
     
    B) Justification for lack of competition if competition appropriate to
    the type of project work to be performed is required but not
    obtained; and
     
    C) Basis for award cost or price.
     
    2) Procurement documentation as described in Section 360.301(h)(1) above
    shall be retained by the grantee or contractors of the grantee for the period
    of time required by General Condition Section 360.502, (Audit and
    Records) of these General Conditions.
     
    i) Specifications
     
    1) Nonrestrictive specifications
     
    No specification for bids or statement of work in connection with work
    performed under this grant shall be written in such a manner as to contain
    proprietary, exclusionary, or discriminatory requirements other than those
    based upon performance, unless such requirements are necessary to test or
    demonstrate a specific thing or to provide for necessary interchangeability
    of parts and equipment, or at least two brand names or trade names of
    comparable quality or utility are listed and are followed by the words "or
    equal". The single base bid method of solicitation for equipment and parts
    for determination of a low, responsive bidder may not be utilized. With
    regard to materials, if a single material is specified, the applicant must be
    prepared to substantiate the basis for the selection of the material.
     

     
    35 ILLINOIS ADMINISTRATIVE CODE CH. II, SEC. 360.301
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    2) Project specifications shall, to the extent practicable, provide for
    maximum use of structures, machines, products, materials, construction
    methods, and equipment which are readily available through competitive
    procurement, or through standard or proven production techniques,
    methods, and processes, except to the extent that advanced technology
    may be utilized if approved by the Agency by the issuance of a
    construction permit or authorization to construct.
     
    3) Sole source restriction
     
    A specification shall not require the use of structures, materials,
    equipment, or processes which are known to be available only from a sole
    source, unless such use has been adequately justified in writing by the
    grantee's engineer as meeting the minimum needs of the particular project.
     
    4) Experience clause restriction
     
    The general use of experience clauses requiring equipment manufacturers
    to have a record of satisfactory operation for a specified period of time or
    of bonds or deposits to guarantee replacement in the event of failure is
    restricted to special cases in which the grantee's engineer adequately
    justifies any such requirement in writing. Where such justification has
    been made, submission of a bond or deposit shall be permitted in lieu of a
    specified experience period, and the period of time for which such bond or
    deposit is required may not exceed the experience period specified.
     
    j) Force account work
     
    1) The grantee must secure prior written approval of the Agency for
    utilization of the force account method in lieu of subagreement for any
    Step 1 or Step 2 work in excess of $10,000 or any Step 3 work in excess of
    $25,000 unless the force account method is stipulated in the grant
    agreement.
     
    2) The Agency's approval shall be based on its determination that:
     
    A) The grantee possesses the necessary competence and resources to
    accomplish the project work; and
     
    B) The work can be accomplished more economically by the use of
    the force account method; or
     
    C) Emergency circumstances so dictate.

     
    35 ILLINOIS ADMINISTRATIVE CODE CH. II, SEC. 360.301
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    k) No subagreement shall be awarded:
     
    To any person or organization which does not:
     
    1) Have adequate financial resources for performance, the necessary
    experience, organization, technical qualifications, and facilities, or a firm
    commitment, arrangement, or ability to obtain such (including proposed
    subagreements);
     
    2) Have the ability to comply with the proposed or required completion
    schedule for the project;
     
    3) Have a satisfactory record of integrity, judgment, and performance,
    including in particular any prior performance upon grants and contracts in
    the federal and state wastewater treatment plant construction programs;
     
    4) Have an adequate financial management system and audit procedure
    which provides efficient and effective accountability and control of all
    property, funds, and assets;
     
    5) Maintain a standard of procurement acceptable to the Agency;
     
    6) Maintain a property management system which provides adequate
    procedures for the acquisition, maintenance, safeguarding and desposition
    of all property; and
     
    7) Conform to the civil rights, equal employment opportunity, and labor law
    requirements of these conditions.
     
    l) Fraud and other unlawful or corrupt practices
     
    1) The award and administration of grants by the State of Illinois, and of
    subagreements awarded by grantees under those grants, must be
    accomplished free from bribery, graft, kickbacks, and other corrupt
    practices. The grantee bears the primary responsibility for prevention and
    detection of such conduct and for cooperation with appropriate authorities
    in the prosecution of any such conduct.
     
    2) The grantee must effectively pursue available state or local legal and
    administrative remedies, and take appropriate remedial action with respect
    to any allegations or evidence of such illegality or corrupt practices which
    are brought to its attention. The grantee shall advise the Agency

     
    35 ILLINOIS ADMINISTRATIVE CODE CH. II, SEC. 360.301
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    immediately when any such allegation or evidence comes to its attention,
    and shall periodically advise the Agency of the status and ultimate
    disposition of any such matter.
     
    m) Negotiation of subagreements
     
    Negotiation of subagreements (i.e., award of subagreements by any method other
    than formal advertising) is authorized if it is impracticable and infeasible to use
    formal advertising. Negotiated contracts must be competitively awarded to the
    maximum practicable extent. Generally, procurements may be negotiated by the
    Applicant if:
     
    1) Public exigency will not permit the delay incident to advertising (e.g., an
    emergency procurement);
     
    2) The material or service to be procured is available from only one person or
    firm (and, if the procurement is expected to aggregate more than $10,000,
    the Agency has given prior approval in writing);
     
    3) The aggregate amount involved does not exceed $2,500 (except as
    provided in paragraph (2) of this subsection);
     
    4) The procurement is for personal or professional services, or for any
    service to be rendered by a university or other educational institution;
     
    5) No responsive, responsible bids at acceptable price levels have been
    received after formal advertising, and the Agency has given advance
    written approval;
     
    6) The procurement is for material or services where the prices are
    established by law, for technical items or equipment requiring
    standardization and interchangeability of parts with existing equipment,
    for experimental, developmental or research work, for highly perishable
    materials, resale, or for technical or specialized supplies requiring
    substantial initial investment for manufacture. Any negotiated
    procurement under this paragraph (6) of this subsection, other than for
    perishable materials, must be approved in advance by the Agency.
     
    n) Small purchase
     
    1) A small purchase is the procurement of materials, supplies, and services
    when the aggregate amount involved in any one transaction does not
    exceed $10,000. The small purchase limitation of $10,000 applies to the

     
    35 ILLINOIS ADMINISTRATIVE CODE CH. II, SEC. 360.301
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    aggregate total of an order, including all estimated handling and freight
    charges, overhead, and profit to be paid under the order. In arriving at the
    aggregate amount involved in any one transaction, there must be included
    all items which should properly be grouped together. Reasonable
    competition shall be obtained.
     
    2) Subagreements for small purchases need not be in the form of a bilaterally
    executed written agreement. Where appropriate, unilateral purchase
    orders, sales slips, memoranda of oral price quotations, and the like may
    be utilized in the interest of minimizing paperwork. Retention in the
    purchase files of these documents and of written quotations received, or
    references to written catalogs or printed price lists used, will suffice as the
    record supporting the price paid.
     
    Section 360.302 Construction Contracts of Grantee
      
     
    a) This condition shall apply to construction contracts (subagreements) awarded by
    recipients of Step 3 or Step 2 and 3 projects only, except that it shall not apply to
    personal and professional service contracts, for which see General Condition
    Section 360.303, (Contracts for Personal and Professional Services
    Consulting
    Engineering Agreements) below.
     
    b) The project work shall be performed under one or more contracts awarded by the
    grantee to private firms, except for force account work authorized by the Agency.
     
    c) Each contract shall be either a fixed-price (lump sum) contract or fixed-rate (unit
    price) contract, or a combination of the two, unless the Agency gives advance
    written approval for the grantee to use some other acceptable type of contract.
    The cost-plus-a percentage of cost type of contract shall not be used.
     
    d) Each contract shall be awarded after formal advertising, unless negotiation is
    permitted in accordance with General Condition Section 360.301(m),
    (Negotiation of Subagreements) above. Formal advertising shall be in accordance
    with the following:
     
    1) Adequate public notice
     
    The applicant will cause adequate notice to be given of the solicitation by
    publication in newspapers or journals of general circulation, beyond the
    applicant's locality (statewide, generally) inviting bids on the project work,
    and stating the method by which bidding documents may be obtained and
    examined. Where the estimated prospective cost of Step 3 construction is
    ten million dollars or more, such notice must generally by published in

     
    35 ILLINOIS ADMINISTRATIVE CODE CH. II, SEC. 360.302
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    trade journals of nationwide distribution. The applicant should in addition
    solicit bids directly from bidders, if it maintains a bidders list.
     
    2) Adequate time for preparing bids
     
    Adequate time, generally not less than 30 days, must be allowed between
    the date when public notice pursuant to paragraph (1) of this section is
    first published and the date by which bids must be submitted. Bidding
    documents (including specifications and drawings) shall be available to
    prospective bidders from the date when such notice is first published.
     
    3) Adequate bidding documents
     
    A reasonable number of bidding documents (invitations for bid) shall be
    prepared by the grantee and shall be furnished upon request on a first-
    come, first-served basis. A complete set of bidding documents shall be
    maintained by the grantee and shall be available for inspection and
    copying by any party. Such bidding documents shall include:
     
    A) A complete statement of the work to be performed, including
    necessary drawings and specifications, and the required completion
    schedule. (Drawings and specifications may be made available for
    inspection instead of being furnished.);
     
    B) The terms and conditions of the contract to be awarded;
     
    C) A clear explanation of the method of bidding and the method of
    evaluation of bid prices, and the basis and method for award of the
    contract;
     
    D) Responsibility requirements or criteria which will be employed in
    evaluating bidders; Provided, That an experience requirement or
    performance bond may not be utilized unless adequately justified
    under the particular circumstances by the applicant;
     
    E) The following statement:
     
    Any contract awarded under this Invitation for Bids is expected to
    be funded in part by a grant from the Illinois Anti-Pollution Bond
    Fund. Neither the State of Illinois nor any of its departments,
    agencies or employees is or will be a party to this Invitation for
    Bids or any resulting contract;
     

     
    35 ILLINOIS ADMINISTRATIVE CODE CH. II, SEC. 360.302
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    F) A copy of this General Solution Section 360.302 (d)(3)(F) in the
    proposal form to be used by bidders, which shall, unless deleted by
    a bidder, constitute a representation and certification to be
    considered as a part of his bid. This General Condition Section
    360.302 (d)(3)(F) shall also constitute a statement that a bid will
    not be considered for award where Section 360.302 (d)(3)(G)(i),
    (d)(3)(G)(iii), below has been omitted or modified. Where Section
    360.302(d)(3)(G)(ii) has been deleted or modified, the bid will not
    be considered for award unless the bidder furnishes with the bid a
    signed statement which sets forth in detail the circumstances of the
    disclosure and the Director of the Agency, or his designee,
    determines that such disclosure was not made for the purpose of
    restricting competition:
     
    G) By submission of the bid, each bidder certifies, and in the case of a
    joint bid each party thereto certifies as to his own organization, that
    in connection with the bid:
     
    i) The prices in the bid have been arrived at independently,
    without consultation, communication, or agreement, for the
    purpose of restricting competition, as to any matter relating
    to such prices with any other bidder or with any competitor;
     
    ii) Unless otherwise required by law, the prices which have
    been quoted in the bid have not knowingly been disclosed
    by bidder, prior to opening, directly or indirectly to any
    other bidder or to any competitor; and
     
    iii) No attempt has been made or will be made by the bidder to
    induce any other person or firm to submit or not to submit a
    bid for the purpose of restricting competition.
     
    H) Each person signing the bid shall certify that:
     
    i) He is the person in the bidder's organization responsible
    within that organization for the decision as to the prices
    being bid and that he has not participated, and will not
    participate, in any action contrary to Section 360.302
    (d)(3)(G)(i-iii) above; or
     
    ii) He is not the person in the bidder's organization responsible
    within that organization for the decision as to the prices
    being bid but that he has been authorized to act as agent for

     
    35 ILLINOIS ADMINISTRATIVE CODE CH. II, SEC. 360.302
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    the persons responsible for such decision in certifying that
    such persons have not participated, and will not participate,
    in any action contrary to Section 360.302 (d)(3)(G)(i-iii)
    above, and as their agent shall so certify; and shall also
    certify that he has not participated, and will not participate,
    in any action contrary to Section 360.302 (d)(3)(G)(i-iii)
    above; and
     
    I) A copy of all the general conditions, special conditions,
    assurances, agreements and terms of the grant offer.
     
    4) Sealed Bids
     
    The grantee shall provide for bidding by sealed bid and for the
    safeguarding of bids received until public opening.
     
    5) Amendments to bidding documents
     
    If the grantee desires to amend any part of the bidding documents
    (including drawings and specifications) during the period when bids are
    being prepared, the amendments shall be communicated in writing to all
    firms who have obtained bidding documents in time to be considered prior
    to the bid opening time; when appropriate, the period for submission of
    bids shall be extended.
     
    6) Bid modifications
     
    A firm which has submitted a bid shall be allowed to modify or withdraw
    its bid prior to the time of bid opening.
     
    7) Public opening of bids
     
    The grantee shall provide for a public opening of bids at the place, date
    and time announced in the bidding documents.
     
    8) Award to the low responsive, responsible bidder.
     
    A) After bids are opened, they shall be evaluated by the grantee in
    accordance with the methods and criteria set forth in the bidding
    documents.
     
    B) The grantee may reserve the right to reject all bids. Unless all bids
    are rejected, award shall be made to the low, responsive,

     
    35 ILLINOIS ADMINISTRATIVE CODE CH. II, SEC. 360.302
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    responsible bidder after the bid evaluation has been submitted to
    the Agency and written notice of Agency approval has been
    received by the grantee.
     
    C) If award is intended to be made to a firm which did not submit the
    lowest bid, a written statement shall be prepared prior to any award
    and retained by the grantee explaining why each lower bidder was
    deemed not responsive or not responsible.
     
    D) Local laws, ordinances, regulations or procedures which are
    designed or operate to give local or in-state bidders preference over
    other bidders shall not be employed in evaluating bids.
     
    e) Negotiations of contract amendments (change orders)
     
    1) Grantee responsibility
     
    The grantee is responsible for negotiation of construction contract change
    orders. This function may be performed by the grantee directly or, if
    authorized, by his consulting engineer. During negotiations the contractor
    shall:
     
    A) Make clear that the contractor has a clear understanding of the
    scope and extent of work and other essential requirements;
     
    B) Assure that the contractor demonstrates that he will make available
    or will obtain the necessary personnel, equipment and materials to
    accomplish the work within the required time; and
     
    C) Assure a fair and reasonable price for the required work.
     
    2) Changes in unit price or time
     
    The contract price or time may be changed only by a change order. When
    negotiations are required, they shall be conducted in accordance with
    paragraph Section 360.302(e) of this General Condition, as appropriate.
    The value of any work covered by a change order or of any claim for
    increases or decrease in the contract price shall be determined by the
    method set forth in Section 360.302(e)(2)(A-C) below which is most
    advantageous to the grantee.
     
    A) Unit prices
     

     
    35 ILLINOIS ADMINISTRATIVE CODE CH. II, SEC. 360.302
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    i) Original bid items: Unit prices previously approved are
    acceptable for pricing changes of original bid items.
    However, when changes in quantities exceed 15 percent of
    the original bid quantity and the total dollar change of that
    bid item is significant, the unit price shall be reviewed by
    the grantee to determine if a new unit price should be
    negotiated.
     
    ii) New items: Unit prices of new items shall be negotiated.
     
    B) A lump sum to be negotiated.
     
    C) Cost reimbursement
     
    The actual cost for labor, direct overhead, materials, supplies,
    equipment, and other services necessary to complete the work plus
    an amount to be agreed upon to cover the cost of general overhead
    and profit to be negotiated.
     
    3) For each change order not in excess of $100,000 the contractor shall
    submit sufficient cost and pricing data to the grantee to enable the grantee
    to determine the necessity and reasonableness of costs and amounts
    proposed, and the allowability and eligibility of costs proposed.
     
    4) For each change order in excess of $100,000, the contractor shall submit
    to the grantee for review sufficient cost and pricing data to enable the
    grantee to ascertain the necessity and reasonableness of costs and amounts
    proposed, and the allowability and eligibility of costs proposed. Such data
    shall include:
     
    A) As a minimum, proposed change order costs shall be presented in
    summary format as prescribed by the Agency and shall be
    supported by a certification executed by the contractor that
    proposed costs reflect complete, current and accurate cost and
    pricing data applicable to the data of the change order.
     
    B) In addition to the specific elements of cost, the estimated amount
    of profit shall be set forth separately in the cost summary for fixed
    price change orders and a specific total dollar amount of profit will
    be set forth separately in the cost summary for cost reimbursement
    change orders.
     
    C) More detailed cost data than that required by the summary format

     
    35 ILLINOIS ADMINISTRATIVE CODE CH. II, SEC. 360.302
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    may be required by the grantee format may be required by the
    grantee to substantiate the reasonableness of proposed change
    order costs.
     
    D) Allowability of costs for change orders shall be determined in
    accordance with General Condition Section 360.801,
    (Determination of Allowable Costs) below.
     
    E) For costs under cost reimbursement change orders, the contractor
    shall have an accounting system which accounts for such costs in
    accordance with generally accepted accounting principles. This
    system shall provide for the identification, accumulation, and
    segregation of allowable and unallowable change orders.
    Allowable change order costs shall be determined in accordance
    with General Condition Section 360.801, (Determination of
    Allowable Costs), below. The contractor shall propose and
    account for such costs in a manner consistent with his normal
    accounting procedures.
     
    F) Change orders awarded on the basis of review of a cost element
    summary and a certification of complete, current, and accurate cost
    and pricing data shall be subject to downward renegotiation or
    recoupment of funds where subsequent audit substantiates that
    such certification was not based on complete, current and accurate
    cost and pricing data and on costs allowable under these General
    Conditions at the time of the change order execution.
     
    5) Agency review
     
    Prior to the execution of any change order in excess of $100,000, the
    grantee shall submit to the Agency for its review:
     
    A) The cost and pricing data submitted by the contractor;
     
    B) A certification of review and acceptance of the contractor's cost or
    price; and
     
    C) A copy of the proposed change order.
     
    6) Profit
     
    For the purpose of negotiated change orders to construction contracts
    under Agency grants, profit is defined as the net proceeds obtained by

     
    35 ILLINOIS ADMINISTRATIVE CODE CH. II, SEC. 360.302
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    deducting all allowable costs (direct and indirect) from the price. The
    estimate of profit is to be reviewed by the grantee as are all other elements
    of price.
     
    7) Related work
     
    Related work shall not be split into two amendments or change orders
    merely to keep it under $100,000 and thereby avoid the requirements of
    this General Condition. For change orders which include both additive and
    deductive items:
     
    A) If any single item (additive or deductive) exceeds $100,000, the
    requirements of Section 360.302(e)(4) hereof shall be applicable.
     
    B) If no single additive or deductive item has a value of $100,000, but
    the total price of the change order is over $100,000, the
    requirements of Section 360.302(e)(4) hereof shall be applicable.
     
    C) If the total of additive items of work in the change order exceeds
    $100,000, or the total of deductive items of work in the change
    order exceeds $100,000, and the net price of the change order is
    less than $100,000, the requirements of Section 360.302(e)(4)
    hereof shall apply.
     
    f) Progress payments to contractors
     
    1) Policy
     
    Except as may be otherwise required by applicable state law, prompt
    progress payments shall be made by grantees to prime contractors and by
    prime contractors to subcontractors and suppliers for eligible construction,
    material, and equipment costs, including those of undelivered specifically
    manufactured equipment, incurred under a contract under an Agency
    construction grant.
     
    2) Protection of progress payments made for specifically manufactured
    equipment
     
    The grantee shall assure protection of the State's interest in progress
    payments made for specifically manufactured equipment. This protection
    must be in a manner or form acceptable to the grantee and shall take the
    form of recordation under the Uniform Commercial Code adequate to
    protect the interest of the grantee and the State.

     
    35 ILLINOIS ADMINISTRATIVE CODE CH. II, SEC. 360.302
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    3) Limitations on progress payments
     
    In no case may progress payments for undelivered equipment or items be
    made in any amount greater than seventy-five percent of the cumulative
    incurred costs allocable to contract performance with respect to the
    undelivered equipment or items. Submission of a request for any such
    progress payments shall be accompanied by a certification furnished by
    the fabricator of the equipment or item that the amount of progress
    payment claimed constitutes not more than seventy-five percent of
    cumulative incurred costs allocable to contract performance, and in
    addition, in the case of the first progress payment request, a certification
    that the amount claimed does not exceed 15 percent of the contract or item
    price quoted by the fabricator.
     
    4) A subcontractor or supplier which is determined by the Agency to have
    frustrated the intent of the provisions regarding progress payments for
    major equipment or specifically manufactured equipment through failure
    to deliver the equipment may be determined nonresponsible and ineligible
    for further work under Agency grants.
     
    5) Contract provisions
     
    Where applicable, appropriate provisions regarding progress payments
    must be included in each contract and subcontract.
     
    6) The foregoing progress payments policy should be implemented in
    invitations for bids under Step 3 grants.
     
    g) Retention from progress payments
     
    1) The grantee may retain a portion of the amount otherwise due the
    contractor. Except as provided in subsection (D) below, the amount
    retained by the grantee shall be limited to the following:
     
    A) Withholding of not more than 10 percent of the payment claimed
    until the work is 50 percent complete.
     
    B) When work is 50 percent complete, reduction of the withholding to
    5 percent of the dollar value of all work satisfactorily completed to
    date; Provided that the contractor is making satisfactory progress
    and there is no specific cause for greater withholding.
     

     
    35 ILLINOIS ADMINISTRATIVE CODE CH. II, SEC. 360.302
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    C) When the work is substantially complete (operational or beneficial
    occupancy), the withheld amount shall be further reduced below 5
    percent to only the amount necessary to assure completion.
     
    D) The grantee may reinstate up to 10 percent withholding if the
    grantee determines, at its discretion, that the contractor is not
    making satisfactory progress or there is other specific cause for
    such withholding.
     
    2) The foregoing retention policy shall be implemented with respect to all
    Step 3 projects for which plans and specifications are approved after July
    1, 1976. Appropriate provision to assure compliance with this policy shall
    be included in the bid documents for such projects initially or by
    addendum prior to the bid submission date, and as a special condition in
    the grant agreement or in a grant amendment. For all previous active
    projects, the foregoing policy may be implemented by the grantee through
    contract amendment upon written request to the grantee by the contractor
    upon consideration upon consideration which the grantee deems adequate.
     
    3) A grantee who delays disbursement of grant funds may be required to
    credit to the State all interest earned on those funds.
     
    h) Required construction contract provisions
     
    Each construction contract shall include the "General Conditions" of the "Contract
    Documents for Construction of Federally Assisted Water and Sewer Projects," a
    copy of which is included as Appendix A to these General Conditions. In
    addition, each construction contract entered into after July 1, 1976, shall include
    the following provisions:
     
    1) Audit; access to records:
     
    A) The contractor shall maintain books, records, documents and other
    evidence directly pertinent to performance on grant work under
    this agreement in accordance with accepted business practices,
    appropriate accounting procedures and practices, and the
    requirements which would be applicable to a federal grant under
    the Federal Water Pollution Control Act Amendments of 1972 (33
    U.S.C. 1251, et seq., PL 92-500). The Contractor shall also
    maintain the financial information and data used by the Contractor
    in the preparation or support of any cost submissions required
    under General Condition Section 360.302(e), (Negotiation of
    Contract Amendments, Change Orders) and a copy of the cost

     
    35 ILLINOIS ADMINISTRATIVE CODE CH. II, SEC. 360.302
    SUBTITLE
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    summary submitted to the owner. The Auditor General, the owner,
    the Agency, or any of their duly authorized representatives shall
    have access to such books, records, documents, and other evidence
    for the purpose of inspection, audit, and copying. The contractor
    will provide proper facilities for such access and inspection.
     
    B) If this contract is a formally advertised, competively awarded,
    fixed price contract, the contractor agrees to apply paragraphs (i)
    through (vi) of this subsection (A) applicable to all negotiated
    change orders and contract amendments in excess of $10,000
    which affect the contract price. In the case of all other prime
    contracts, the contractor agrees to include paragraphs (i) through
    (vi) of this Section Section 360.302(h)(A) in all his contracts and
    all tier subcontracts or change orders thereto directly related to
    project performance which are in excess of $10,000.
     
    C) Audits conducted pursuant to this provision shall be in accordance
    with generally accepted auditing standards and established
    procedures and guidelines of the reviewing or auditing agencies.
     
    D) The contractor agrees to the disclosure of all information and
    reports resulting from access to records pursuant to paragraphs (i)
    and (ii) above, to any of the agencies referred to in paragraph (i)
    above. Where the audit concerns the contractor, the auditing
    agency will afford the contractor an opportunity for an audit exit
    conference and an opportunity to comment on the pertinent
    portions of the draft audit report. The final audit report will
    include the written comments, if any, of the audited parties.
     
    E) Records under paragraphs (i) and (ii) above shall be maintained
    and made available during performance on Agency grant work
    under this agreement and until three years from the date of final
    grant payment for the project. In addition, those records which
    relate to any dispute or litigation or the settlement of claims arising
    out of such performance, or costs or items to which an audit
    exception has been taken, shall be maintained and made available
    until three years after the date of resolution of such dispute, appeal,
    litigation, claim, or exception.
     
    F) The right of access conferred by this clause will generally be
    exercised (with respect to financial records) under
     
    i) negotiated prime contracts,

     
    35 ILLINOIS ADMINISTRATIVE CODE CH. II, SEC. 360.302
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    ii) negotiated change orders or contract amendments in excess
    of $10,000 affecting the price of any formally advertised,
    competively awarded, fixed price contract, and
     
    iii) subcontracts or purchase orders under any contract at other
    than a formally advertised, competitively awarded, fixed
    price contract.
     
    G) However, this right of access will generally not be exercised with
    respect to a prime contract, subcontract, or purchase order awarded
    after effective price competition. In any event, such right of access
    may be exercised under any type of contract or subcontract:
     
    i) with respect to records pertaining directly to contract
    performance, excluding any financial records of the
    contractor, and
     
    ii) if there is any indication that fraud, gross abuse, or corrupt
    practices may be involved.
     
    2) Price reduction for defective cost or pricing data.
     
    A) This clause is applicable only to:
     
    i) any negotiated prime contract in excess of $10,000;
     
    ii) negotiated contract amendments or change orders in excess
    of $100,000 affecting the price of a formally advertised,
    competitively awarded, fixed price contract; or
     
    iii) any subcontract or purchase order in excess of $100,000
    under a prime contract other than a formally advertised,
    competitively awarded, fixed price contract.
     
    B) However, this clause is not applicable for contracts or subcontracts
    to the extent that they are awarded on the basis of effective price
    competition. The owner may elect not to utilize this clause where
    any such negotiated contract or subcontract is $100,000 or less.
     
    C) If the Agency determines that any price (including profit)
    negotiated in connection with this contract, or any cost
    reimbursable under this contract, was increased by any significant

     
    35 ILLINOIS ADMINISTRATIVE CODE CH. II, SEC. 360.302
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    sums because the contractor or any subcontractor furnished
    incomplete or inaccurate cost or pricing data or data not current as
    certified in his certification of current cost or pricing data, then
    such price or cost or profit shall be reduced accordingly and the
    contract shall be modified in writing to reflect such reduction.
     
    D) Failure to agree on a reduction shall be subject to Article 30
    (Arbitration) of the General Conditions of this Contract.
     
    3) Covenant against
    contingent fees
     
    The contractor warrants that no person or selling agency has been
    employed or retained to solicit or secure this contract upon an agreement
    or understanding for a commission, percentage, brokerage, or contingent
    fee. For breach or violation of this warranty the owner shall have the right
    to annul this contract without liability or in its discretion to deduct from
    the contract price or consideration, or otherwise recover, the full amount
    of such commission, percentage, brokerage, or contingent fee.
     
    4) Gratuities
     
    A) The owner may, by written notice to the contractor, terminate the
    right of the contractor to proceed under this contract if it is found,
    after notice and hearing, by the owner that gratuities (in the form
    of entertainment, gifts, or otherwise) were offered or given by the
    contractor or any agent or representative of the contractor, to any
    official or employee of the owner or of the State of Illinois with a
    view toward securing a contract or securing favorable treatment
    with respect to the awarding or amending, or the making of any
    determinations with respect to the performance of this contract:
    Provided, that if the existence of the facts upon which the owner
    makes such findings are in issue, they may be reviewed in
    proceedings pursuant to Article 30 (Arbitration) of the General
    Conditions of this contract.
     
    B) In the event this contract is terminated as provided in Section
    360.302(h)(i) hereof, the owner shall be entitled:
     
    i) to pursue the same remedies against the contractor as it
    could pursue in the event of a breach of the contract by the
    contractor, and
     
    ii) as a penalty in addition to any other damages to which it

     
    35 ILLINOIS ADMINISTRATIVE CODE CH. II, SEC. 360.302
    SUBTITLE
    C
     
    may be entitled by law, to exemplary damages in an
    account (as determined by the owner) which shall be not
    less than three nor more than ten times the costs incurred
    by the contractor in providing any such gratuities to any
    such officer or employee.
     
    C) The rights and remedies of the owner provided in this clause shall
    not be exclusive and are in addition to any rights and remedies
    provided by law or under this contract.
     
    i) Subcontracts under construction contracts
     
    The award or execution of all subcontracts by a prime contractor and the
    procurement and negotiation procedures used by such prime contractor in
    awarding or executing such subcontracts shall comply with:
     
    A) All provisions of State and local law;
     
    B) All provisions of these General Conditions with respect to fraud
    and other unlawful or corrupt practices; and
     
    C) All provisions of these General Conditions with respect to access
    to facilities and records and audit of records.
     
    Section 360.303 Contracts for Personal and Professional Services
    Consulting
    Engineering Agreements
      
     
    a) Except as is otherwise provided in Section (d) below, the provisions of Section
    360.303(a) through (n) apply to all subagreements of grantees for architectural or
    engineering services where the aggregate amount of services involved is expected
    to exceed $10,000. The provisions of Section 360.303(d), (e), and (f) are not
    required, but may be allowed where the population of the grantee municipality is
    25,000 or less according to the most recent U.S. census. When $10,000 or less of
    services (e.g., for consultant or consultant subcontract services) is required, the
    provisions of General Condition Section 360.301(n) (Small Purchases) shall
    apply.
     
    b) Type of Contract (Subagreement)
     
    1) General
     
    Cost reimbursement, fixed price or per diem types of contracts or
    combinations thereof may be negotiated for architectural or engineering

     
    35 ILLINOIS ADMINISTRATIVE CODE CH. II, SEC. 360.303
    SUBTITLE
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    services. A fixed price contract is generally used only when the scope and
    extent of work to be performed is clearly defined. In most other cases, a
    cost reimbursement type of contract is more appropriate. A per diem
    contract may be used if no other type of contract is appropriate. An
    incentive fee may be utilized if the grantee submits an adequate
    independent cost estimate and price comparison pursuant to Section
    360.303(h).
     
    2) Contracts prohibited
     
    The cost-plus-percentage-of-cost and the percentage-of-construction-cost
    types of contract are prohibited.
     
    3) Fixed price contracts
     
    An acceptable fixed price contract is one which establishes a guaranteed
    maximum price which may not be increased except to the extent that a
    contract amendment increases the scope of work.
     
    4) Cost reimbursement contracts
     
    Each cost reimbursement contract must clearly establish a cost ceiling
    which the engineer may not exceed without formally amending the
    contract and a fixed dollar profit which may not be increased except in
    case of a contract amendment which increases the scope of the work.
     
    5) Per diem contracts
     
    A per diem agreement expected to exceed $10,000 may be utilized only
    after a determination that a fixed price or cost reimbursement type contract
    is not appropriate. Per diem agreements should be used only to a limited
    extent such as where the first task under Step 1 grant involves establishing
    the scope and cost of succeeding Step 1 tasks, or for incidental services
    such as expert testimony or intermittent or professional testing services.
    (Resident engineer and resident inspection services should generally be
    compensated under paragraph (b)(3) or (4) of this Section 360.303.) Cost
    and profit included in the per diem rate must be specifically negotiated and
    displayed separately in the engineer's proposal. The contract must clearly
    establish a price ceiling which may not be exceeded without formally
    amending the contract.
     
    6) Compensation procedures
     

     
    35 ILLINOIS ADMINISTRATIVE CODE CH. II, SEC. 360.303
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    If, under either a cost reimbursement of fixed price contract, the grantee
    desires to utilize a multiplier type of compensation, all of the following
    must apply:
     
    A) The multiplier and the portions of the multiplier allocable to
    overhead and allocable to profit have been specifically negotiated;
     
    B) The portion of the multiplier allocable to overhead includes only
    allowable items of cost under the cost principles approved by the
    Agency;
     
    C) The portions of the multiplier allocable to profit and allocable to
    overhead have been separately identified in the contract; and
     
    D) The fixed price contract includes a guaranteed maximum price for
    completion of the specifically defined scope of work; the cost
    reimbursement contract includes a fixed dollar profit which may
    not be increased except in a case of a contract amendment which
    increases the scope of work.
     
    c) Transition Policy
     
    1) Announcement and Selection
     
    The requirements of Section 360.303(c) through (e) of this General
    Condition shall not apply to Step 1 work where the Step 1 grant was
    awarded or the initiation of Step 1 work was approved by the Agency
    prior to July 1, 1976, nor to subsequent Step 2 and Step 3 work in
    accordance with Section 360.303(c)(3), provided that the grantee is
    satisfied with the qualifications and performance of the engineer
    employed.
     
    2) Required Consulting Engineering Provisions
     
    Effective July 1, 1976, grant assistance for Steps 1, 2, or 3 will not be
    awarded nor will initiation of Step 1 work be approved unless the
    subagreement clauses required pursuant to Appendix C. (Required
    Provisions
    Consulting Engineering Agreements) are included in the
    consulting engineering subagreement.
     
    3) Enforcement:
     
    A) Refusal by a consulting engineer to insert the required access

     
    35 ILLINOIS ADMINISTRATIVE CODE CH. II, SEC. 360.303
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    C
     
    clause, or to allow access to its records or to renegotiate a
    consulting engineering contract in accordance with the foregoing
    requirements, will render costs incurred under such contract
    unallowable. Accordingly, all such costs will be questioned and
    disallowed pending compliance with this general condition and
    Appendix C.
     
    B) Where the Agency determines that the time required to comply
    with the access to records and type of contract provisions of this
    general condition will unduly delay award of grant assistance, it
    may award the grant assistance conditioned upon compliance with
    this general condition within a specified period of time. In such
    event, no grant payments for the affected engineering work may be
    made until such compliance has been obtained.
     
    4) Access to Records
    Audit:
     
    A) After June 30, 1975, a construction grant for Steps 1, 2, or 3 will
    not be awarded unless an acceptable records and access clause is
    included in the consulting engineering agreement. The clause
    contained in section 9 of Appendix C, (Required Provisions -
    Consulting Engineering Agreements) shall be used after July 1,
    1976.
     
    B) For the purpose of determining where the Agency shall exercise its
    right of access with respect to consulting engineering agreements
    entered into between June 30, 1975 and July 1, 1976, the Agency
    will follow the guidelines set forth in Appendix B, (Access to
    Records
    Audit (Existing Consulting Engineering Agreements) of
    these General Conditions.
     
    d) Public Notice:
     
    1) Adequate notice as provided in paragraph 2 of this section must be given
    of the requirement for architectural or engineering services for all
    subagreements with an anticipated price in excess of $25,000, except as
    provided in paragraphs (3), (4) and (5) of this section. In providing public
    notice pursuant to paragraph 2 of this section, grantees must comply with
    the policies enunciated in paragraphs (b), "Local Preference", and (c)
    "Competition", of General Condition Section (General Conditions for all
    Subagreements).
     
    2) Public Announcement

     
    35 ILLINOIS ADMINISTRATIVE CODE CH. II, SEC. 360.303
    SUBTITLE
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    A notice of request for qualifications should be published in professional
    journals, newspapers, or publications of general circulation over a
    reasonable area, and, in addition if desired, through posted public notices
    or written notification directed to interested persons, firms, or professional
    organizations inviting the submission of statements of qualifications. The
    announcement must clearly state the deadline and place for submission of
    qualification statements.
     
    3) This public notice requirement and the related requirements of Section
    360.303(e) and (f) shall not be required, but may be followed, where the
    population of the grantee municipality is 25,000 or less according to the
    latest U.S. census.
     
    4) This public notice requirement and the related requirements of Section
    360.303(e), (Evaluation of qualifications) and (f), (Solicitation and
    Evaluation of Proposals), of this General Condition, shall not apply to the
    procurement of architectural or engineering services for Steps 2 or 3 of a
    grant if the grantee is satisfied with the qualifications and performance of
    an engineer who performed all or any part of the Step 1 or Step 2 work,
    the engineer has the capacity to perform the subsequent steps, and the
    grantee desires the same engineer to provide architectural or engineering
    services for the subsequent steps.
     
    5) When a single treatment works is segmented into two or more Step 3
    projects, and if the Step 2 work is accordingly segmented so that the initial
    contract for preparation of construction drawings and specifications does
    not cover the entire treatment works to be built under one grant, the
    grantee need not announce the requirement for architectural or engineering
    services for subsequent segments of design work under one grant. The
    grantee may use the same engineering form that was selected for the initial
    segment of Step 2 work for subsequent segments if he desires to do so. All
    other appropriate provisions of these sections, including cost review and
    negotiation of price, will apply to each segment of work.
     
    e) Evaluation and qualifications:
     
    1) The grantee shall review the qualifications of firms which responded to
    the announcement and shall uniformly evaluate the firms.
     
    2) Qualification shall be evaluated by an objective process such as by the the
    appointment of a board or committee, which, to the extent practicable,
    should include persons with technical skills.

     
    35 ILLINOIS ADMINISTRATIVE CODE CH. II, SEC. 360.303
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    3) Criteria which should be considered in the evaluation of candidates for
    submission of proposals should include:
     
    A) Specialized experience and technical competence of the candidate
    or firm and its personnel (including a joint venture, association or
    professional subcontract) in connection with the type of services
    required and the complexity of the project;
     
    B) Past record of performance on contracts with the grantee, other
    government agencies or public bodies, and with private industry,
    including such factors as control of costs, quality of work, and
    ability to meet schedules;
     
    C) Capacity of the candidate to perform the work (including any
    specialized services) with the time limitations, taking into
    consideration the current and planned workload of the firm;
     
    D) The familiarity of the candidate with types of problems applicable
    to the project; and
     
    E) Avoidance of personal and organizational conflicts of interest
    prohibited under State and local law.
     
    f) Solicitations and Evaluation of Proposals:
     
    1) Requests for professional services proposals must be sent to no fewer than
    three candidates who responded to the announcement, unless after good
    faith effort to solicit qualifications in accordance with Subsection (d),
    (Public Notice) hereof, fewer than three qualified candidates respond, in
    which case all qualified candidates must be provided requests for
    proposals.
     
    2) Requests for professional services proposals must be in writing and must
    contain the information necessary to enable a prospective offeror to
    prepare a proposal properly. The request for proposals must include the
    solicitation statement required pursuant to Section 360.303(k)(1), hereof
    and must inform offerors of the evaluation criteria, including all those in
    paragraph (3) of this section, and of the relative importance attached to
    each criterion (a numerical weighted formula need not be utilized).
     
    3) All proposals submitted in response to the request for professional services
    proposals must be uniformly evaluated. Evaluation criteria shall include

     
    35 ILLINOIS ADMINISTRATIVE CODE CH. II, SEC. 360.303
    SUBTITLE
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    as a minimum, all criteria stated in Section 360.303(e)(3). The grantee
    shall also evaluate the candidate's proposed method to accomplish the
    work required, including, where appropriate, demonstrated capability to
    explore and develop innovative or advanced techniques and designs.
     
    4) Proposals shall be evaluated by an objective process such as the
    appointment of a board or committee which to the extent practicable
    includes persons with technical skills. Oral (including telephone) or
    written interviews should be conducted with top rated proposers, and
    information derived therefrom shall be treated on a confidential basis,
    except as required to be disclosed pursuant to State or local law or to the
    Agency pursuant to Section 360.303(h), (Cost and Price Considerations)
    hereof.
     
    5) At no point during the entire procurement process shall information be
    conveyed to any candidate which would provide an unfair competitive
    advantage.
     
    g) Negotiation
     
    1) Grantees are responsible for negotiation of their contracts for architectural
    or engineering services. Contract procurement including negotiation may
    be performed by the grantee directly or by another non-state governmental
    body, person or firm retained for the purpose. Contract negotiations may
    include the services of technical, legal, audit or other specialists to the
    extent deemed appropriate.
     
    2) Negotiation shall be conducted in accordance with state or local
    procedure.
     
    3) The object of negotiations with any candidate shall be to reach agreement
    on the provisions of the proposed contract. The grantee and the candidate
    shall discuss, as a minimum:
     
    A) The scope and extent of work and other essential requirements;
     
    B) Identification of the personnel and facilities to accomplish the
    work within the required time, including where needed,
    employment of additional personnel, subcontracting, joint
    ventures, etc;
     
    C) Provision of the required technical services in accordance with
    regulations and criteria established for the project; and

     
    35 ILLINOIS ADMINISTRATIVE CODE CH. II, SEC. 360.303
    SUBTITLE
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    D) A fair and reasonable price for the required work, to be determined
    in accordance with the cost and profit considerations set forth in
    Section 360.303(h) and (i), and payment provisions.
     
    h) Cost and Price Considerations:
     
    1) General
     
    It is the policy of the Agency that the cost of price of all subagreements
    and amendments thereto must be considered. For each subagreement in
    excess of $10,000 but not greater than $100,000 grantees shall use the
    procedures described in paragraph (3) of this section or an equivalent
    process.
     
    2) Subagreements over $100,000
     
    For each subagreement expected to exceed $100,000, or for two
    subagreements which aggregate more than $100,000 awarded to an
    engineer for work on one step, or where renegotiation or amendment itself
    is in excess of $100,000, the provisions of this paragraph (2) shall apply.
     
    A) The candidate(s) selected for negotiation shall submit to the
    grantee for review sufficient cost and pricing data as described in
    paragraph (3) of this section to enable the grantee to ascertain the
    necessary and reasonableness of costs and amounts proposed, and
    the allowability and eligibility of costs proposed.
     
    B) The applicant/grantee shall submit to the Agency for review:
     
    i) Documentation of the public notice of need for
    architectural or engineering services, selection procedures
    used, and negotiation methodology used, in those cases
    where sections Section 360.303(d), (e) and (f) are
    applicable;
     
    ii) The cost and pricing data submitted by the selected
    engineer;
     
    iii) A certification of review and acceptance of the selected
    engineer's cost or price; and
     
    iv) A copy of the proposed subagreement document.

     
    35 ILLINOIS ADMINISTRATIVE CODE CH. II, SEC. 360.303
    SUBTITLE
    C
     
     
    C) The Agency will review the complete subagreement actions and
    approve the grantee's compliance with appropriate procedures prior
    the the award of the subagreement. The grantee shall be notified
    upon completion of the review.
     
    3) Cost Review
     
    A) A review of proposed subagreement costs shall be made by the
    grantee.
     
    B) As a minimum, proposed subagreement costs shall be presented in
    summary format prescribed by the Agency and shall be supported
    by a certification executed by the selected engineer that proposed
    costs reflect complete, current and accurate cost and pricing data
    applicable to the date of anticipated subagreement award.
     
    C) In addition to the specific elements of cost, the estimated amount
    of profit shall be set forth separately in the cost summary for fixed
    price contracts and maximum total dollar amount of profit shall be
    set forth separately in the cost summary for cost reimbursement
    contracts.
     
    D) More detailed cost data than that required by the summary format
    may be required by the grantee to substantiate the reasonableness
    of proposed subagreement costs. Such detailed documentation is
    normally required by the Agency only when the selected engineer
    is unable to certify that the cost and pricing data used are complete,
    current and accurate. The Agency may, on a selected basis,
    perform a preaward cost analysis on any subagreement. Normally,
    a provisional overhead rate will be agreed upon prior to contract
    award.
     
    E) Appropriate consideration should be given to General Condition
    Section 360.801, (Determination of Allowable Costs) which
    contains general cost principles which must be used for the
    determination of the allowability of costs under grants. The
    engineer's actual costs, direct and indirect, allowable for State
    participation shall be determined in accordance with the terms and
    conditions of the subagreement and this subpart. Examples of
    costs which are not allowable under those cost principles include,
    but are not limited to, entertainment, interest on borrowed capital
    and bad debts.

     
    35 ILLINOIS ADMINISTRATIVE CODE CH. II, SEC. 360.303
    SUBTITLE
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    F) The engineer shall have an accounting system which accounts for
    costs in accordance with generally accepted accounting principles.
    This system shall provide for the identification, accumulation and
    segregation of allowable and unallowable project costs among
    projects. Allowable project costs shall be determined in
    accordance with Section 360.303(3)(E) of this section. The
    engineer must propose and account for costs in a manner consistent
    with his normal accounting procedures.
     
    G) Subagreements awarded on the basis of review of a cost element
    summary and certification of complete, current and accurate cost,
    and pricing data shall be subject to downward renegotiation or
    recoupment of funds where the Agency determines that such
    certification was not based on complete, current and accurate cost
    and pricing data or not based on costs allowable under the
    appropriate Agency cost principles at the time of award.
     
    i) Profit
     
    The objective of negotiations shall be the exercise of sound business judgement
    and good administrative practice including the determination of a fair and
    reasonable profit based on the firm's assumption of risk and input to total
    performance and not merely the application of a predetermined percentage factor.
    For the purpose of subagreements under State grants, profit is defined as the net
    proceeds obtained by deducting all allowable costs (direct and indirect) from the
    price. Profit on a subagreement and each amendment to a subagreement under a
    grant should be sufficient to attract engineers who possess talents and skills
    necessary to the accomplishment of project objectives, and to stimulate efficient
    and expeditious completion of the project. Where cost review is performed, the
    estimate of profit should be reviewed by the grantee as are all other elements of
    price.
     
    j) Award of Subagreement
     
    After the close of negotiations and after review and approval by the Agency if
    required pursuant to Section 360.303(h)(2), the grantee may award the contract.
    Unsuccessful candidates should be notified promptly.
     
    k) Required Solicitation and Subagreement Provisions:
     
    1) Required solicitation statement
     

     
    35 ILLINOIS ADMINISTRATIVE CODE CH. II, SEC. 360.303
    SUBTITLE
    C
     
    A) Requests for qualifications or proposals must include the following
    statement, as well as the proposed terms of the subagreement.
     
    "Any contract or contracts awarded under this request for
    (qualifications/professional proposals) are expected to be
    funded in part by a grant from the Illinois Environmental
    Protection Agency. This procurement will be subject to the
    requirements of the grant offer."
     
    B) Neither the State of Illinois nor the Illinois Environmental
    Protection Agency is nor will be a party to this request for
    (qualifications/professional proposals) or any resulting contract.
     
    2) Content of subagreement
     
    A) Each subagreement must adequately define:
     
    i) The scope and extent of project work;
     
    ii) The time for performance and completion of the contract
    work, including where appropriate, dates for completion of
    significant project tasks;
     
    iii) Personnel and facilities necessary to accomplish the work
    within the required time;
     
    iv) The extent of subcontracting and consultant agreements.
     
    B) If any of these elements cannot be defined adequately for later
    tasks or steps at the time of contract execution, the subsequent
    tasks or steps shall not be included in the contract at that time.
     
    3) Required subagreement provisions. Each consulting engineering contract
    must include the provisions set forth in Appendix C, (Required Provisions
    Consulting Engineering Agreements) to these general conditions.
     
    l) Subagreement Payments
    Architectural or Engineering Services:
     
    1) Generally, payment will be made under consulting engineering contracts
    upon the completion of a step, or if specified in the grant agreement, upon
    completion of specific tasks within the step.
     
    2) Upon satisfactory completion by the engineer of the work called for under

     
    35 ILLINOIS ADMINISTRATIVE CODE CH. II, SEC. 360.303
    SUBTITLE
    C
     
    the terms of a contract, and upon acceptance of such work by the grantee,
    with the concurrence of the Agency, the engineer will be paid the unpaid
    balance of any money due for such work, including any retained
    percentages relating to this portion of the work.
     
    3) Payment may not be withheld for professional services, except as provided
    in the contract for professional services. Any withholding should be
    limited to only that amount necessary to assure contract compliance.
     
    m) Applicability to Existing Contracts. In some cases a negotiated subagreement
    may have been executed prior to the effective date of these general conditions to
    cover work under more than one step of a grant. Such contracts already in
    existence may not comply with the requirements of Section 360.301 and Section
    360.303 herein. Section 360.303(C) of this General Condition and Appendix B
    set forth Agency policy with respect to such contracts and must be implemented
    prior to the grant award action for the next step under the grant.
     
    n) Subcontracts under subagreements for architectural or engineering services:
     
    1) The award or execution of subcontracts under a prime contract for
    architectural or engineering services awarded to an engineer by a grantee,
    and the procurement and negotiation procedures used by the engineer in
    awarding such subcontracts are not required to comply with any of the
    provisions, selection procedures, policies or principles set forth in General
    Condition in Section 360.301 or Section 360.303 except those specifically
    stated in paragraph (2) of this section.
     
    2) The award or execution of subcontracts in excess of $10,000 under a
    prime contract for architectural or engineering services and the
    procurement procedures used by the engineer in awarding such
    subcontracts must comply with the following:
     
    A) General Condition Section 360.301(b), (Local preference).
     
    B) General Condition Section 360.303(h), (Cost and Price
    Considerations).
     
    C) General Condition Section 360.303(i), (Profit).
     
    Section 360.304 Equal Opportunity
      
     
    a) Any contract of the grantee in furtherance of the project shall contain the Equal
    Opportunity Clause as set forth in Article VI of the Rules and Regulations for

     
    35 ILLINOIS ADMINISTRATIVE CODE CH. II, SEC. 360.304
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    Public Contracts prescribed by the Illinois Department of Human Rights and filed
    with the Secretary of State as follows:
     
    b)
    Article VI
     
    Equal Employment Opportunity Clause
     
     
    Section 3.1. Each Contracting Agency Shall Ensure that every Contract to which it is a party
    shall contain the following clause:
      
     
    Equal Employment Opportunity
     
    In the Event of the Contractor's noncompliance with any provision of this equal employment
    opportunity clause, the Illinois Fair Employment Practices Act or the Fair Employment
    Practices Commission's Rules and Regulations for Public Contracts, the Contractor may be
    declared nonresponsible and therefore ineligible for future contracts or subcontracts with the
    State of Illinois or any of its political subdivisions or municipal corporations, and the contract
    may be cancelled or avoided in whole or in part, and such other sanctions or penalties may be
    imposed or remedies invoked as provided by statute or regulation.
      
     
    During the performance of this contract, the Contractor agrees as follows:
      
     
    1)
    That it will not discriminate against any employee or applicant for employment because
    of race, color, religion, sex, national origin, ancestry, physical or mental handicap
    unrelated to ability, or an unfavorable discharge from military service: and further that
    it will examine all job classifications to determine if minority persons or women are
    underutilized and will take appropriate affirmative action to rectify any such
    underutilization.
      
     
    2)
    That, if it hires additional employees in order to perform this contract or any portion
    hereof, it will determine the availability (in accordance with the Commission's Rules and
    Regulations for Public Contracts) of minorities and women in the area(s) from which it
    may reasonably recruit and it will hire for each job classification for which employees
    are hired in such a way that minorities and women are not underutilized.
      
     
    3)
    That, in all solicitations or advertisements for employees placed by it or on its behalf, it
    will state that all applicants will be afforded equal opportunity without discrimination
    because of race, color, religion, sex, national origin, ancestry, physical or mental
    handicap unrelated to ability, or an unfavorable discharge from military service.
      
     
    4)
    That it will send to each labor organization or representative or workers with which it
    has or is bound by a collective bargaining or other agreement or understanding, a notice
    advising such labor organization or representative of the contractor's obligations under
    the Illinois Fair Employment Practices Act and the Commission's Rules and Regulations

     
    35 ILLINOIS ADMINISTRATIVE CODE CH. II, SEC. 360.304
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    for Public Contracts. If any such labor organization or representative fails or refuses to
    cooperate with the Contractor in its efforts to comply with such Act and Rules and
    Regulations, the Contractor will promptly so notify the Illinois Fair Employment
    Practices Commission and the contracting agency and will recruit employees from other
    sources when necessary to fulfill its obligations thereunder.
      
     
    5)
    That it will submit reports as required by the Illinois Fair Employment Practices
    Commission's Rules and Regulations for Public Contracts, furnish all relevant
    information as may from time to time be requested by the Commission or the contracting
    agency, and in all respects comply with the Illinois Fair Employment Practices Act and
    the Commission's Rules and Regulations for Public Contracts.
      
     
    6)
    That it will permit access to all relevant books, records, accounts and work sites by
    personnel of the contracting agency and the Illinois Fair Employment Practices
    Commission for purposes of investigation to ascertain compliance with the Illinois Fair
    Employment Practices Act and the Commission's Rules and Regulations for Public
    Contracts.
      
     
    7)
    That it will include verbatim or by reference the provisions of paragraphs 1 through 7 of
    this clause in every performance subcontract as defined in Section 2.10(b) of the
    Commission's Rules and Regulations for Public Contracts so that such provisions will be
    binding upon every such subcontractor; and that it will also so include the provisions of
    paragraphs 1, 5, 6, and 7 in every supply subcontract as defined in Section 2.10(a) of the
    Commission's Rules and Regulations for Public Contracts so that such provisions will be
    binding upon every such subcontractor. In the same manner as with other provisions of
    this contract, the Contractor will be liable for compliance with applicable provisions of
    this clause by all its subcontractors; and further it will promptly notify the contracting
    agency and the Illinois Fair Employment Practices Commission in the event any
    subcontractor fails or refuses to comply therewith. In addition, no contractor will utilize
    any subcontractor declared by the commission to be nonresponsible and therefore
    ineligible for contracts or subcontracts with the State of Illinois or any of its political
    subdivisions or municipal corporations.
      
     
    Section 3.2. INCORPORATION BY OPERATION OF THE REGULATIONS.
      
     
    All contract specifications furnished by any contracting agency to bidders or contractors shall
    contain the equal employment opportunity clause set forth in Section 3.1 hereof and such clause
    shall be included as a material term of any contract; however, a contracting agency having
    published rules and regulations which govern all its contracts and which include the equal
    employment opportunity clause may incorporate such clause by reference in such agency's
    individual contracts or contract specifications. By operation of these rules and regulations, the
    equal employment opportunity clause shall be deemed to be a part of every contract whether or
    not such contract is in writing and regardless of whether said clause is physically incorporated

     
    35 ILLINOIS ADMINISTRATIVE CODE CH. II, SEC. 360.304
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    therein.
      
     
    Section 3.3. SUBCONTRACTS.
     
    Each contractor and subcontractor shall in turn include the
    equal employment opportunity clause set forth in Section 3.1 hereof in each of its subcontracts
    verbatim or by reference so that provisions of Paragraphs 1 through 7 of said clause will be
    binding upon subcontractors of every tier; provided however, that only paragraphs 1, 5, 6, and 7
    need be included in every subcontract as defined in Section 2.10(a) of the rules and regulations
    of the Illinois Fair Employment Practices Commission.
      
     
    Section 360.305 Compliance With Procurement Requirements
      
     
    a) Grantee responsibility
     
    The grantee is responsible for selecting the low, responsive, and responsible
    bidder or other contractor in accordance with applicable requirements of state, or
    local laws or ordinances, as well as the specific requirements of state and federal
    law or this grant agreement directly affecting the procurement (for example, the
    non-restrictive specification requirement or the equal employment opportunity
    requirement) and for the initial resolution of complaints based upon alleged
    violations. If complaint is made to the Agency concerning an alleged violation of
    any law or of this grant agreement in the procurement of construction services or
    materials for a project involving Step 3, the complaint will be referred to the
    grantee for resolution. The grantee shall promptly determine each such complaint
    upon its merits concerning the proposed procurement. The grantee must promptly
    furnish to the complaining party and to other affected parties, by certified mail, a
    written summary of its determination, substantiated by an engineering and legal
    opinion, providing a justification for its determination.
     
    b) Arbitration
     
    Disputes between the grantee and any party adversely affected by the
    determination of the grantee made pursuant to Section 360.305(a) above shall be
    resolved by binding arbitration by a single arbitrator, in accordance with the
    Construction Industry Arbitration Rules of the American Arbitration Association.
    This agreement to arbitrate shall be specifically enforceable under the arbitration
    laws of the State of Illinois (Ch. 10 Ill. Rev. Stat. 1975, Sections 101-123). The
    award rendered by the arbitrator shall be final, and judgement may be entered
    upon it in any court having jurisdiction thereof. A copy of the arbitration award
    shall be provided to the Agency immediately upon its issuance.
     
    c) Time limitations
     
    Complaints should be made pursuant to Section 360.305(a) of this general

     
    35 ILLINOIS ADMINISTRATIVE CODE CH. II, SEC. 360.305
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    condition as early as possible during the procurement process, preferably prior to
    issuance of an invitation for bids to avoid disruption of the procurement process:
    Provided, That a complaint authorized by Section 360.305(a) of this general
    condition must be mailed by certified mail (return receipt requested), or delivered,
    no later than five working days after the bid opening. A request for arbitration
    pursuant to paragraph Section 360.305(b) of this general condition must be made
    to the American Arbitration Association within one week after the complaining
    party received the grantee's adverse determination.
     
    d) Deferral of procurement action
     
    Where the grantee has received a written complaint pursuant to Section
    360.305(a) of this general condition, it must defer issuance of its solicitation or
    award or notice to proceed under the contract (as appropriate) for ten days after
    mailing or delivery of any written adverse determination. If a determination is
    made by either the grantee or the arbitrator which is favorable to the complaint,
    the terms of the solicitation must be revised or the contract must be awarded (as
    appropriate) in accordance with such determination.
     
    e) Enforcement
     
    Noncompliance with the provisions of this grant affecting procurement will result
    in:
     
    1) Total or partial termination of the grant pursuant to General Condition
    Section 360.103, (Termination) hereof;
     
    2) Ineligibility for grant assistance which could otherwise be awarded under
    this grant; or
     
    3) Disallowance of project costs incurred in violation of the provisions of this
    grant offer or applicable laws, as determined by the Agency.
     
    Section 360.306 Disputes
      
     
    a) Only the grantee may appeal to the Agency under this provision with respect to its
    subagreements thereunder for its own name and benefit. Neither a contractor nor
    a subcontractor of a grantee may prosecute an appeal under the disputes provision
    of a grant in its own name or interest.
     
    b) Any dispute arising under this grant which is not disposed of by agreement shall
    be decided by the Director or his duly authorized representative, who shall reduce
    his decision to writing and mail or otherwise furnish a copy thereof to the

     
    35 ILLINOIS ADMINISTRATIVE CODE CH. II, SEC. 360.306
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    applicant. The decision of the Director shall be final and conclusive.
     
    c) This "disputes" clause does not preclude consideration of questions of law in
    connection with decisions provided for in Section 360.306(b) above.
     
    Section 360.307 Indemnity
      
     
    The grantee shall assume the entire risk, responsibility and liability for any and all loss or
    damage to property owned by the grantee, the Agency or third persons, and any injury to or
    death of any persons (including employees of the grantee) caused by, arising out of, or occurring
    in connection with the execution of any work, contract or subcontract arising out of this grant,
    and the grantee shall indemnify, save harmless and defend the State of Illinois and the Agency
    from all claims for any such loss, damage, injury or death whether caused by the negligence of
    the State of Illinois, the Agency, their agents or employees or otherwise consistent with the
    provisions of Ill. Rev. Stat. 1973, Ch. 29, par. 61. The grantee shall require that any and all
    contractors or subcontractors engaged by the grantee shall agree in writing that they shall look
    solely to the grantee for performance of such contract or satisfaction of any and all claims arising
    thereunder.
     
    SUBPART D: REQUIREMENTS APPLICABLE TO INITIATION, AMENDMENT,
    COMPLETION AND OPERATION OF PROJECT
     
    Section 360.401 Project Initiation
      
     
    Any obligation of the State of Illinois and the Agency to make any payment of grant funds shall
    terminate absolutely unless the project is initiated no later than one calendar year from the date
    of acceptance by the grantee of the project grant offer or as otherwise provided by a special
    condition of this grant. For Step 1 and 2 grants, a project shall be deemed to have been initiated
    on the execution of an agreement or contract for any element of project work; or, if an agreement
    or contract covering an element of the work has previously been entered into, a notice to proceed
    with the work has been issued. A project shall be deemed to have been initiated on the issuance
    of a notice to proceed under a construction contract for any segment of Step 3 project work, or if
    notice to proceed is not required, execution of the construction contract.
     
    Section 360.402 Project Changes
      
     
    a) Prior approval by the Agency is required for project changes which may:
     
    1) Increase the amount of State funds needed to complete the project, except
    that no change will be approved which either exceeds the grant offered or
    which exceeds the limitation provided for approvable contingencies;
     
    2) Substantially alter the design or scope of the project;

     
    35 ILLINOIS ADMINISTRATIVE CODE CH. II, SEC. 360.402
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    3) Alter the type of treatment to be provided;
     
    4) Extend any contractural completion date for the project; or
     
    5) Substantially alter the location, size, capacity or quality of any major item
    of equipment.
     
    b) The grantee shall promptly notify the Agency in writing of all proposed changes.
    Failure on the part of the grantee to give timely notice of proposed project
    changes or disapproval of a proposed project change by the Agency may result in:
     
    1) Disallowance of costs incurred which are attributable to the change; or
     
    2) Termination of the grant.
     
    c) The Agency may disapprove proposed project changes by written notice to the
    grantee within 3 weeks after receipt of a written notice of a proposed change;
    however, neither approval nor failure to disapprove a project change shall commit
    or obligate the State of Illinois or the Agency to any increase in the amount of the
    grant or payments thereunder and nothing herein shall operate to increase the
    amount of the grant.
     
    d) Notwithstanding the provisions of Section 360.402(a-c) above, prior Agency
    removal is not required for changes having a cost of less than $500.00 either for
    the correction of minor errors or to make emergency or minor changes except that
    the total cost for all changes allowable under this provision shall not exceed one-
    half of one percent of the total grant offer.
     
    e) In addition to the notification of project changes pursuant to Section 360.402(a-c)
    above, a copy of any prime contract or modification thereof and of revisions to
    plans and specifications must be promptly submitted to the Agency for approval;
    however, neither approval nor failure to approve any prime contract or
    modification thereof or revisions to plans and specifications shall commit or
    obligate the State of Illinois or the Agency to any increase in the amount of the
    grant or payments thereunder.
     
    Section 360.403 Supervision
      
     
    The grantee will provide and maintain competent and adequate engineering supervision and
    inspection of the project to ensure that the construction conforms with the approved plans and
    specifications for any project involving construction (Step 3).
     

     
    35 ILLINOIS ADMINISTRATIVE CODE CH. II, SEC. 360.404
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    Section 360.404 Project Sign
      
     
    The grantee shall erect and display at the project site a sign acknowledging the source of funds
    for the project. The sign, in form and style to be furnished by the Agency, shall be erected at the
    start of construction at a location appropriate for public viewing and shall be maintained until the
    project is completed.
     
    Section 360.405 Final Inspection
      
     
    a) The grantee must notify the Agency of the completion of Step 3 project
    construction. The Agency shall cause final inspection to be made within 60 days
    of the receipt of the notice provided that the grantee has fully complied with the
    following general conditions hereof;
     
     
      
     
    General Condition Section 360.402 (Project changes)
    General Condition Section 360.406 (Operation & maintenance)
     
    General Condition Section 360.601 (Sewer use ordinance)
     
    General Condition Section 360.602 (User charges).
     
    b) In the event that compliance with these general conditions is not achieved until
    after completion of construction, final inspection will be made within 60 days
    after the final act of compliance. Upon completion of the final inspection and
    upon determination by the Agency that the treatment works have been
    satisfactorily constructed in accordance with the provisions of General Condition
    Section 360.804, (Grant Payment Schedule) hereof.
     
    c) In the event that the grantee has not fully complied with the above listed general
    conditions within 6 months after completion of construction, or such extension of
    time beyond 6 months as the Director may agree to in writing, this grant
    agreement shall be terminated pursuant to General Condition Section 360.103,
    (Termination) hereof, and all funds paid out under this grant agreement shall be
    refunded to the State Anti-Pollution Bond Fund.
     
    Section 360.406 Operation and Maintenance
      
     
    a) The grantee must make adequate provisions satisfactory to the Agency for
    assuring economic, effective, and efficient operation and maintenance of its
    sewage treatment works in accordance with a plan of operation approved by the
    Agency.

     
    35 ILLINOIS ADMINISTRATIVE CODE CH. II, SEC. 360.406
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    b) As a minimum, such plan shall:
     
    1) Be developed and submitted to the Agency for approval in accordance
    with a schedule developed as a special condition of the grant; and
     
    2) Include provision for:
     
    A) An operation and maintenance manual for each facility;
     
    B) An emergency operating and response program;
     
    C) Properly trained management, operation, and maintenance
    personnel;
     
    D) Adequate budget for operation and maintenance, and for
    replacement of all equipment with an expected life of less than 30
    years;
     
    E) Operational reports; and
     
    F) Provisions for laboratory testing adequate to determine influent
    and effluent characteristics and removal efficiencies.
     
    c) The Agency shall not pay:
     
    1) More than 50 percent of the State share of any Step 3 project unless the
    grantee has furnished and the Agency has approved the plan of operation
    and the grantee has submitted a draft of the operation and maintenance
    manual for review, or adequate evidence of timely development of such a
    draft; and
     
    2) More than 90 percent of the State share unless the grantee has furnished a
    satisfactory final operation and maintenance manual or as otherwise
    provided by a special condition of this grant.
     
    SUBPART E: REQUIREMENTS APPLICABLE TO ACCESS,
    AUDITING, AND RECORDS
     
    Section 360.501 Access
      
     
    a) The Agency and any persons designated by the Agency shall at all reasonable
    times have access to the premises where any portion of the project for which the

     
    35 ILLINOIS ADMINISTRATIVE CODE CH. II, SEC. 360.501
    SUBTITLE
    C
     
    grant was awarded is being performed. Subsequent to cessation of grant support
    Agency personnel or any authorized representative shall at all reasonable times
    have access to the project records (as defined in General Condition Section
    360.502, (Audit and Records) hereof) and to the project site, to the full extent of
    the grantee's right to access.
     
    b) Any contract entered into by the grantee for Step 1, Step 2 or Step 3 work, and
    any subagreement thereunder, shall provide the representatives of the Agency will
    have access to the work whenever it is in preparation or progress that the
    contractor or subcontractor will provide proper facilities for such access and
    inspection. Such contract or subagreement must also provide that the Agency or
    any authorized representative shall have access to any books, documents, papers,
    and records of the contractor or subcontractor which are pertinent to the project
    for the purpose of making audit, examination, excerpts, and transcriptions thereof.
     
    c) Any failure by the grantee or any contractor or subcontractor of the grantee to
    provide access, as provided herein, after 10 days' written notice from the Agency,
    shall be cause for termination of the grant pursuant to Condition Section 360.103,
    (Termination) hereof, and refund to the State of Illinois Anti-Pollution Fund of
    any unexpended grant funds in the hands of the grantee, and in addition thereto,
    refund of any grant funds previously expended by the grantee, contractor, or
    subcontractor found in noncompliance with this Condition Section 360.501
     
    Section 360.502 Audit and Records
      
     
    a) The grantee shall maintain books, records, documents, reports, and other
    evidentiary material and accounting procedures and practices that conform to
    generally accepted accounting principles as promulgated by the American
    Institute of Certified Public Accountants and to the 13 basic principles set forth by
    the National Committee on Governmental Accounting, to properly account for:
     
    1) The receipt and disposition by the grantee of all assistance received for the
    project, including both State assistance and any matching share or cost
    sharing; and
     
    2) The costs charged to the project, including all direct and indirect costs of
    whatever nature incurred for the performance of the project for which the
    grant has been awarded. The foregoing constitute "records" for the
    purposes of this condition.
     
    b) The grantee's facilities, or such facilities as may be engaged in the performance of
    the project for which the grant has been awarded, and the grantee's records shall
    be subject at all reasonable times to inspection and audit by the Agency or any

     
    35 ILLINOIS ADMINISTRATIVE CODE CH. II, SEC. 360.502
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    authorized representative.
     
    c) The grantee shall preserve and make his records available to the Agency or any
    authorized representative:
     
    1) Until expiration of 3 years from the date of final payment under this grant,
    and
     
    2) For such longer period, if any, as is required by applicable statute of
    lawful requirement, or by Section 360.502(d) or (e) below.
     
    d) If this grant is terminated completely or partially, the records relating to the work
    terminated shall be preserved and made available for a period of 3 years from the
    date of any resulting final termination settlement.
     
    e) Records which relate to appeals under the "Disputes" clause of this grant,
    litigation or the settlement of claims arising out of the performance of the project
    for which this grant was awarded, or costs and expenses of the project as to which
    exception has been taken by the Agency or any of its duly authorized
    representatives, shall be retained until such appeals, litigation, claims, or
    exceptions have been disposed of.
     
    f) Any failure by the grantee or any contractor or subcontractor or the grantee to
    make records available to the Agency as required by this Condition Section
    360.502 after 10 days' written notice from the Agency, shall be cause for
    termination of the grant, pursuant to Condition Section 360.103, (Termination)
    hereof, and refund to the State of Illinois Anti-Pollution Bond Fund of any
    unexpended grant funds in the hands of the grantee, and in addition thereto,
    refund of any grant funds previously expended by the grantee, contractor or
    subcontractor found in noncompliance with this Condition Section 360.502.
     
    Section 360.503 Reports
      
     
    The grantee shall prepare and file with the Agency an acceptable final report and such progress,
    financial and other reports relating to the conduct and results of the approved project as the
    Agency may require. Such reports shall be submitted at such times and in such form and style as
    may be directed by the Agency. Failure to timely submit reports required by this grant offer may
    result in:
     
    a) Withholding of grant funds;
     
    b) Suspension of the grant pursuant to Condition Section 360.102, (Stop-Work
    Order) hereof;

     
    35 ILLINOIS ADMINISTRATIVE CODE CH. II, SEC. 360.503
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    c) Termination of the grant pursuant to Condition Section 360.103, (Termination)
    hereof; or
     
    d) Such other action as the Agency may be authorized to take.
     
    SUBPART F: REQUIREMENTS FOR SEWER USE ORDINANCE,
    USER CHARGES AND FLOOD PLAIN INSURANCE
     
    Section 360.601 Sewer Use Ordinance
      
     
    a) The grantee must obtain the approval of the Agency of its sewer use ordinance
    prior to the issuance of the Step 3 grant. The grantee shall demonstrate to the
    satisfaction of the Agency that a sewer use ordinance or other legally binding
    requirement will be enacted and enforced in each jurisdiction served by the
    treatment works project before the completion of construction. The ordinance
    shall prohibit any new connections from inflow sources into the sanitary sewer
    portions of the sewer system and shall ensure that new sewers and connections to
    the sewer system are properly designed and constructed.
     
    b) The sewer use ordinance shall require:
     
    1) Pretreatment of any industrial wastes which would otherwise be
    detrimental to the treatment works or its proper and efficient operation and
    maintenance or will otherwise prevent entry of such wastes into the
    treatment works; and
     
    2) Compliance with any applicable federal or state pretreatment
    requirements.
     
    c) The sewer use ordinance shall provide that after completion of construction of the
    sewage treatment facilities which are the subject of this grant, no new direct
    discharges to the waters of the State shall be allowed from any property within the
    service area of the grantee.
     
    d) The ordinance shall prohibit the introduction into the sewer system of industrial
    waste until General Condition Section 360.602, (User Charges) are met.
     
    (Source: Amended at 16 Ill. Reg. 5891, effective March 31, 1992)
     
    Section 360.602 User Charges
      
     
    a) The grantee must obtain the approval of the Agency of its system of user charges

     
    35 ILLINOIS ADMINISTRATIVE CODE CH. II, SEC. 360.602
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    prior to the issuance of the Step 3 grant. The grantee shall implement the user
    charge system before the treatment works is placed in operation.
     
    b) The Agency may approve a user charge system in accordance with the following
    criteria:
     
    1) The user charge system must result in the distribution of the cost of
    operation and maintenance of treatment works within the grantee's service
    area to each user (or user class) in proportion to such user's contribution to
    the total wastewater loading of the treatment works. Factors such as
    strength, volume, and delivery flow rate characteristics shall be considered
    and included as the basis for the user's contribution to ensure a
    proportional distribution of operation and maintenance costs to each user
    (or user class).
     
    2) For the first year of operation, operation and maintenance costs shall be
    based upon past experience for existing treatment works or some other
    rational method that can be demonstrated to be applicable.
     
    3) The grantee shall review user charges annually and revise the rates
    periodically to reflect actual treatment works operation and maintenance
    costs.
     
    4) The user charge system must generate sufficient revenue to offset the cost
    of all treatment works operation and maintenance and replacement
    required to be provided by the grantee.
     
    5) The user charge system must be incorporated in one or more municipal
    legislative enactments or other appropriate authority. If the project is a
    regional treatment works accepting wastewaters from treatment works
    owned by other, then the subscribers receiving waste treatment services
    from the grantee shall have adopted user charge systems. Such user
    charge systems shall also be incorporated in the appropriate municipal
    legislative enactments or other appropriate authority.
     
    6) The use of a tax system in lieu of a user charge system, or as a supplement
    thereto, is specifically disallowed unless it meets federal requirements or
    unless the tax system is dedicated to support the operation and
    maintenance of a collection system and where treatment is provided by
    another municipality.
     
    7) The user charge system shall meet such other standards as the Agency
    may reasonably require in order to assure the continued financial stability

     
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    of the grantee.
     
    c) Upon approval of a grantee's system of user charges, the implementation and
    maintenance of the approved system and the implementation schedules therefore
    shall become a condition of the grant subject to the provisions of General
    Condition Section 360.101, (Noncompliance with Grant Conditions) hereof.
     
    d) The grantee must maintain such records as are necessary to document such
    compliance. The grantee shall maintain such records in accordance with the
    provisions of the Local Records Act, Ch. 116 Ill. Rev. Stats. 1975, Secs. 43. 101-
    43.114, except that no such records may be destroyed for a period of 30 years
    unless microfilm reproductions are made.
     
    e) The Agency or any authorized representative shall have access to any books,
    documents, papers, and records of the grantee which are applicable to the
    grantee's system of user charges for the purpose of making audit, examination,
    excerpts, and transcriptions thereof to ensure compliance with the provisions of
    paragraph (b) of this general condition.
     
    (Source: Amended at 16 Ill. Reg. 5891, effective March 31, 1992)
     
    Section 360.603 Flood Plain Insurance
      
     
    a) The grantee (or the construction contractor, as appropriate) shall acquire any flood
    insurance made available to it under the National Flood Insurance Act of 1968, as
    amended, beginning with the period of construction, and maintain such insurance
    for the entire useful life of the project if the total value of insurable improvements
    is $10,000 or more.
     
    b) The amount of insurance required is the total project cost, excluding facilities
    which are uninsurable under the National Flood Insurance Program, such as
    bridges, dams, water and sewer lines, and underground structures, and excluding
    the cost of the land, or the maximum limit of coverage made available to the
    grantee under the National Flood Insurance Act, whichever is less.
     
    c) The required insurance premium for the period of construction is an allowable
    project cost.
     
    SUBPART G: INCORPORATED REQUIREMENTS
     
    Section 360.701 Statutory Conditions
      
     
    a) All State of Illinois grants under the Anti-Pollution Bond Act are awarded subject

     
    35 ILLINOIS ADMINISTRATIVE CODE CH. II, SEC. 360.701
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    to State and Federal law including the requirements of the following Illinois
    Statutes:
     
    1) "The Illinois Architectural Act" (Ill. Rev. Stat. 1981, ch. 111, par. 1201 et
    seq.) relating to the practice of architecture.
     
    2) "The Protection of Adjacent Landowner's Act" (Ill. Rev. Stat. 1981, ch.
    111½, par. 3301 et seq.) relating to the duty of an owner or occupant of
    land upon which excavations are made in reference to the furnishing of
    lateral and subjacent support to adjoining lands and structures thereon.
     
    3) "The Regulation of Rivers, Lakes and Streams Act" (Ill. Rev. Stat. 1981,
    ch. 19, par. 65(f)) relating to flood plains.
     
    4) "The Contracts for Public Works Act" (Ill. Rev. Stat. 1981, ch. 29, par. 15
    et seq.) relating to bonds of contractors entering into contracts for public
    construction.
     
    5) "The Discrimination in Public Contracts Act" (Ill. Rev. Stat. 1981, ch. 29,
    par. 17 et seq.) relating to the prohibition of discrimination and
    intimidation on account of race, creed, color, sex or national origin in
    employment under Contracts for Public Works.
     
    6) "The Wages of Employees on Public Works Act" (Ill. Rev. Stat. 1981, ch.
    48, par. 39n et seq.) relating to the regulation of laborers, mechanics and
    other workmen employed in any public works by the State, county, city or
    any public body or any political subdivision or by anyone under contract
    for public works.
     
    7) "The Health and Safety Act" (Ill. Rev. Stat. 1981, ch. 48, par. 137.1 et
    seq.) relating to the health and safety of persons employed and vesting in
    the industrial commission power to make reasonable rules relating thereto.
     
    8) "The Workmen's Compensation Act" (Ill. Rev. Stat. 1981, ch. 48, par.
    138.1 et seq.) relating to providing compensation for accidental injuries or
    death suffered in the course of employment within this State, and without
    the State where the contract of employment is made within this State.
     
    9) "The Medical Examination of Employees and Applicants Act" (Ill. Rev.
    Stat. 1981, ch. 48, par. 172(d) et seq.) relating to forbidding employers to
    require employees or applicants for employment to pay the cost of medical
    examinations required as a condition of employment.
     

     
    35 ILLINOIS ADMINISTRATIVE CODE CH. II, SEC. 360.701
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    10) "The Occupational Diseases Act" (Ill. Rev. Stat. 1981, ch. 48, par. 172.36
    et seq.) relating to providing remedies for injuries suffered or death
    resulting from occupational diseases incurred in the course of
    employment.
     
    11) "The Fair Employment Practices Act" (Ill. Rev. Stat. 1975, ch. 48, par.
    851 et seq.) relating to denial of equality of employment opportunity
    because of race, color, religion, sex, national origin or ancestry.
     
    12) "The Age Discrimination Act" (Ill. Rev. Stat. 1975, ch. 48, par. 881 et
    seq.) relating to prohibition of unjust discrimination because of age.
     
    13) "The Illinois Professional Engineering Act" (Ill. Rev. Stat. 1981, ch. 48½,
    par. 5101 et seq.) relating to the practices of Professional Engineering.
     
    14) "The Publication of Notices in General Act" (Ill. Rev. Stat. 1981, ch. 100,
    par. 1 et seq.) relating to publication of notices.
     
    15) "The Interest in Contracts Act" (Ill. Rev. Stat. 1981, ch. 102, par. 3 et.
    seq.) relating to the prevention of fraudulent and corrupt practices in the
    making or accepting of contracts by public officers.
     
    16) "The Open Meetings Act" (Ill. Rev. Stat. 1981, ch. 102, par. 41 et seq.)
    relating to meetings.
     
    17) "The Environmental Protection Act" (Ill. Rev. Stat. 1981, ch. 111½, par.
    1001 et seq.) and regulations thereunder.
     
    18) "The Illinois Structural Engineering Act" (Ill. Rev. Stat. 1981, ch. 111,
    par. 6501 et seq.) relating to the practice of structural engineering.
     
    b) The grantee is solely responsible for assuring compliance with all applicable
    statutory requirements.
     
    Section 360.702 Incorporation of Documents
      
     
    The declarations, assurances, representatives, and statements made or to be made by the grantee
    in any of the following documents, which pertain to the project, and all terms and conditions
    contained in such documents, are hereby incorporated by reference and made a part of the
    agreements, terms and conditions of this offer:
     
    a) Any Application for State Grant for Sewage Treatment Works Under the Anti-
    Pollution Bond Act of 1970, plus supporting and supplementary documents;

     
    35 ILLINOIS ADMINISTRATIVE CODE CH. II, SEC. 360.702
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    b) Any Application for Federal Grant for Sewage Treatment Works Under the
    Federal Water Pollution Control Act, as amended, plus supporting and
    supplementary documents;
     
    c) Any Offer and Acceptance of Federal Grant for Sewage Treatment Works Under
    the Federal Water Pollution Control Act, as amended, plus supporting and
    supplementary documents;
     
    d) Any Illinois Environmental Protection Agency Sewage Treatment Works Permit
    Application, plus supporting and supplementary documents;
     
    e) Any Illinois Environmental Protection Agency Sewer System Permit Application,
    plus supporting and supplementary documents;
     
    f) Any Illinois Environmental Protection Agency Permit, plus supporting and
    supplementary documents;
     
    g) Any National Pollutant Discharge Elimination System (NPDES) Permit or Permit
    Application, plus supporting and supplementary documents.
     
    SUBPART H: REQUIREMENTS APPLICABLE TO PAYMENT OF GRANTS
     
    Section 360.801 Determination of Allowable Costs
      
     
    a) The grantee will be paid, upon request, in accordance with General Condition
    Section 360.804, (Grant Payment Schedule) hereof, for the state share of all
    necessary costs within the scope of the approved project not to exceed the total
    grant offer and determined to be allowable in accordance with the following
    criteria:
     
    b) Allowable project costs.
     
    Allocable project costs of the grantee which are reasonable and necessary are
    allowable. Necessary costs may include, but are not limited to:
     
    1) Costs of salaries, benefits, and expendable material incurred by the grantee
    for the project, except as provided in Section 360.801(c)(7) below.
     
    2) Costs under construction contracts;
     
    3) Professional and consultant services;
     

     
    35 ILLINOIS ADMINISTRATIVE CODE CH. II, SEC. 360.801
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    4) Facility planning directly related to the treatment works;
     
    5) Sewer system evaluation;
     
    6) Project feasibility and engineering reports;
     
    7) Preparation of construction drawings, specifications, estimates, and
    construction contract documents;
     
    8) Landscaping;
     
    9) Supervision of construction work;
     
    10) Removal and relocation or replacement of utilities for which the grantee is
    legally obligated to pay;
     
    11) Materials acquired, consumed, or expended specifically for the project;
     
    12) A reasonable inventory of laboratory chemicals and supplies necessary to
    initiate plant operations;
     
    13) Development and preparation of an operation and maintenance manual;
    and
     
    14) Project identification signs.
     
    15) Flood plain insurance
     
    c) Unallowable costs
     
    Costs which exceed the total amount of the grant offer or are not necessary for the
    construction of a treatment works project are unallowable. Such costs include,
    but are not limited to:
     
    1) Basin or areawide planning not directly related to the project;
     
    2) Bonus payments not legally required for completion of construction in
    advance of a contractual completion date;
     
    3) Personal injury compensation or damages arising out of the project,
    whether determined by adjudication, arbitration, negotiation, or otherwise;
     
    4) Fines and penalties resulting from violations of, or failure to comply with,

     
    35 ILLINOIS ADMINISTRATIVE CODE CH. II, SEC. 360.801
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    federal, state, or local laws;
     
    5) Costs outside the scope of the approved project;
     
    6) Interest on bonds or any other form of indebtedness required to finance the
    project costs;
     
    7) Ordinary operating expenses of local government, such as salaries and
    expenses of a mayor, city council members, or city attorney, except as
    provided in Section 360.801(e) below;
     
    8) Site acquisition (for example, sewer rights-of-way, sewage treatment plant
    sites, sanitary landfills and sludge disposal areas) except as otherwise
    provided in Section 360.801(d)(1) below;
     
    9) Costs for which payment has been or will be received under another state
    or federal assistance program;
     
    10) Costs of equipment or material procured in violation of any provisions of
    these General Conditions;
     
    11) Costs of special funds (i.e., industry advancement funds; funds to
    reimburse bidding costs to unsuccessful offerors, etc.) financed by
    contractors, contributions in the construction industry for methods and
    materials research, public and industry relations, market development,
    labor-management matters, wage negotiations, jurisdictional disputes,
    defraying of all or part of unsuccessful offerors bidding costs, or similar
    purposes;
     
    12) Costs under construction contracts which costs are incurred after the
    expiration of the applicable contractual completion date, even if the
    contractual completion date is subsequently extended by the grantee,
    unless such extension has been approved by the Agency in accordance
    with General Condition Section 360.402, (Project Changes) hereof;
     
    13) Personal and professional services costs (including professional
    engineering costs) arising under a cost-plus-percentage of cost type of
    agreement (including the multiplier contract where profit is included in the
    multiplier) or a percentage-of-construction-cost type of contract;
     
    14) Personal and professional services costs (including professional
    engineering costs) when the Agency has been refused access to the books
    and records of the contractor or the contractor has refused to renegotiate a

     
    35 ILLINOIS ADMINISTRATIVE CODE CH. II, SEC. 360.801
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    personal or professional services contract in accordance with the
    provisions of General Condition Section 360.303, (Contracts for Personal
    and Professional Services
    Consulting Engineering Agreements) hereof;
    and
     
    15) Increases in personal and professional services contract fees which are
    based solely on a percentage of an increased construction cost
    notwithstanding the contractual liabilities of the grantee under such
    contract.
     
    d) Costs allowable, if approved.
     
    Certain direct costs are sometimes necessary for the construction of a treatment
    works and are allowable if reasonable and approved by the Agency in the grant
    offer or a grant amendment. Such costs include, but are not limited to:
     
    1) Land acquired after October 17, 1972, that will be an integral part of the
    treatment process or that will be used for ultimate disposal of residues
    resulting from such treatment (for example, land for spray irrigation of
    sewage effluent); and
     
    2) Rate determination studies required pursuant to determination of user
    charges under General Condition Section 360.602, (User Charges) hereof.
     
    e) Indirect costs
     
    Indirect costs of the grantee shall be allowable in accordance with an indirect cost
    agreement negotiated and incorporated in the grant agreement. An indirect cost
    agreement must identify those cost elements allowable pursuant to Section
    360.801(a) above. Where the benefits derived from an applicant's indirect
    services cannot be readily determined, a lump sum for overhead may be
    negotiated based upon a determination that such amount will be approximately
    the same as the actual indirect costs that may be incurred. Procedures for
    development of an indirect cost agreement are included as Appendix D to these
    General Conditions.
     
    f) Disputes concerning allowable costs
     
    The grantee shall seek to resolve any questions relating to cost allowability or
    allocation at its earliest opportunity (if possible, prior to execution of the grant
    agreement). Final determinations by the Agency concerning the allowability of
    costs shall be conclusive unless appealed within 30 days in accordance with
    General Condition Section 360.306, (Disputes) hereof.

     
    35 ILLINOIS ADMINISTRATIVE CODE CH. II, SEC. 360.801
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    g) Limitation upon project costs incurred prior to grant award
     
    Payment will not be authorized for costs incurred prior to the date of the grant
    award except as in accordance with paragraphs (1), (2), and (3) of this Section
    360.801.
     
    1) Step 1 or 2 projects:
     
    A) No prior approval or prior grant award is required for Step 1 or
    Step 2 project work initiated on or before October 31, 1974;
    payment for all such allowable costs incurred after the approved
    date of initiation of construction will be authorized in conjunction
    with the first award of grant assistance.
     
    B) In the case of Step 1 or Step 2 project work initiated on or after
    November 1, 1974, no payment is authorized for:
     
    i) Step 1 costs incurred prior to the date of approval of a plan
    of study by the Agency; and
     
    ii) Step 2 costs incurred prior to the date of approval by the
    Agency of a facilities plan;
     
    iii) Payment for Step 1 or Step 2 costs incurred after such dates
    of approval by the Agency will be authorized in
    conjunction with the first award of grant assistance.
     
    C) Where Step 1 or Step 2 project work is initiated after June 30,
    1975, no grant for the Step 1 or Step 2 project work may be
    awarded unless such award precedes initiation of the project work.
     
    2) Step 3 projects: No grant offer for a Step 3 project will be awarded unless
    such award precedes initiation of the Step 3 construction. Advance
    acquisition of major equipment items requiring long lead times, or
    advance construction of minor portions of treatment works, in
    emergencies or instances where delay could result in significant cost
    increases, may be approved by the Agency, but only:
     
    A) If the grantee submits a written and adequately substantiated
    request for approval; and
     
    B) If written approval by the Agency is obtained prior to the initiation

     
    35 ILLINOIS ADMINISTRATIVE CODE CH. II, SEC. 360.801
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    of the advance acquisition or advance construction.
     
    3) The approval of a plan of study, a facilities plan, or of advance acquisition
    of equipment or advance construction will not constitute a commitment for
    approval of grant assistance for a subsequent treatment works project, but
    will allow payment for the previously approved costs as allowable project
    costs only upon subsequent award of grant assistance, if requested prior to
    grant award. In instances where such approval is obtained, the applicant
    proceeds at its own risk, since payment for such costs will not be made
    until grant assistance for the project is awarded.
     
    h) Sewage collection systems.
     
    1) No project costs will be allowed for the construction of any sewage
    collection system until the Agency has made a determination in writing
    prior to initiation of construction that:
     
    A) There is a waste treatment works of sufficient existing or planned
    capacity to adequately treat the sewage collected by the proposed
    sewage collection system; and
     
    B) That such project work is either for a new sewage collection
    system in a previously unsewered community and that the
    community was in existence on October 18, 1972, or is for
    replacement or major rehabilitation of an existing sewage
    collection system and such replacement or rehabilitation has been
    determined by the Agency to be necessary in accordance with the
    provisions of General Condition Section 360.202, (Sewer System
    Evaluation and Rehabilitation) hereof.
     
    2) No project costs will be allowed for the replacement or major
    rehabilitation of an existing sewage collection system if the sewage
    collection system average dry weather flow design capacity exceeds 150
    percent of the average dry weather flow design capacity of the sewage
    collection system existing on October 18, 1972.
     
    3) Project costs allowable for the construction of new sewage collection
    systems are limited to the design and construction of a system with flow
    design capacity through the system equal to 150 percent of the waste
    waters originating from the community as it existed on October 18, 1972.
     
    Section 360.802 Amount of Grant
    Percentage of Approved Allowable Costs
      
     

     
    35 ILLINOIS ADMINISTRATIVE CODE CH. II, SEC. 360.802
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    a) The commitment and obligation of the State of Illinois and the Agency to the
    grantee by this grant for the project is limited to and shall not exceed the total
    amount of the grant, which grant includes a provision for approvable
    contingencies as set forth in the grant and special conditions thereof. Nothing
    herein, including the provisions of General Condition Section 360.402, (Project
    Changes) hereof, shall operate to commit or obligate the State of Illinois or the
    Agency to any increase in the total amount or percentage of the grant or of the
    grant offer.
     
    b) The amount of the grant shall not exceed the appropriate percentage of the
    approved allowable cost of the project as set forth in the grant offer and special
    conditions thereof. In the event the actual allowable cost of the project, as
    determined by the Agency pursuant to periodic audit, is less than the estimated
    allowable cost, such actual eligible cost shall be used to determine the amount of
    the grant and the grant shall be reduced as necessary to conform with the
    limitations hereinabove described.
     
    Section 360.803 Use of Grant and Payment of Non-Allowable Costs
      
     
    a) The grant shall be expended solely for approved allowable costs incurred in the
    planning, designing and construction of the project.
     
    b) The grantee agrees to pay the non-allowable costs associated with the project and
    all allowable costs of the project which exceed the amount of the grant offer and
    shall construct the project, or cause it to be constructed to final completion in
    accordance with the plans and specifications approved by the Agency for the
    project.
     
    c) The grantee commits itself to complete the construction of the operable treatment
    works and complete waste treatment system of which the project is a part.
     
    Section 360.804 Grant Payment Schedule
      
     
    a) The grantee shall be paid the state share of allowable costs incurred within the
    scope of an approved project not to exceed the total grant, subject to the
    limitations of the general and special conditions of this grant; Provided, that such
    payments must be in accordance with the payment schedule and the grant amount
    set forth in the grant offer, any amendments thereto or in this condition.
     
    b) The payment schedule will provide that payment for Step 1 and Step 2 project
    work will be made only on the basis of completion of the step or, if specified in
    the payment schedule in the grant agreement, upon completion of specific tasks
    within the step. All allowable costs incurred prior to initiation of construction of

     
    35 ILLINOIS ADMINISTRATIVE CODE CH. II, SEC. 360.804
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    the project must be claimed in the application for grant assistance for that project
    prior to the award of such assistance or no subsequent payment will be made for
    such costs.
     
    1) Initial request for payment
     
    Upon award of grant assistance, the grantee may request payment for the
    unpaid state share of actual or estimated allowable project costs incurred
    prior to grant award subject to the limitations of the general and special
    conditions of the grant, and payment for such costs shall be made in
    accordance with the payment schedule included in the grant.
     
    2) Interim requests for payment
     
    The grantee may submit requests for payments for allowable costs
    incurred in accordance with the payment schedule. Upon receipt of a
    request for payment, subject to the limitations set forth in the general and
    special conditions of the grant, the Agency shall cause to be disbursed
    from available appropriated funds such amounts as are necessary so that
    that total amount of state payments to the grantee for the project is equal to
    the state share of the actual or estimated allowable project costs incurred
    to date, as certified by the grantee in its most recent request for payment.
     
    3) Adjustment.
     
    At any time or times prior to final payment under the grant, the Agency
    may cause any request(s) for payment to be reviewed or audited. Each
    payment theretofore made shall be subject to reduction for amounts
    included in the related request for payment which are found, on the basis
    of such review or audit, not to constitute allowable costs. Any payment
    may be reduced for overpayments or increased for underpayments on
    preceding requests for payment.
     
    4) Refunds, rebates, credits, etc.
     
    The state share of any refunds, rebates, credits, or other amounts
    (including any interest thereon) accruing to or received by the grantee with
    respect to the project, to the extent that they are properly allocable to costs
    for which the grantee has been paid under a grant, must be paid to the
    State of Illinois Anti-Pollution Fund. Reasonable expenses incurred by the
    grantee for the purpose of securing such refunds, rebates, credits, or other
    amounts shall be allowable under the grant when approved by the Agency.
     

     
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    5) Final payment
     
    Upon completion of final audit by the Agency and the final inspection
    pursuant to General Condition Section 360.405, (Final Inspection) hereof
    and approval of the request for payment designated by the grantee as the
    "final payment request" and upon compliance by the grantee with all
    applicable requirements of the grant, the Agency shall cause to be
    disbursed to the grantee any balance of approved allowable project cost
    which has not been paid to the grantee. Prior to final payment under the
    grant, the grantee must execute and deliver an assignment to the Agency,
    in form and substance satisfactory to the Agency, of the state share of
    refunds, rebates, credits or other amounts (including any interest thereon)
    properly allocable to costs for which the grantee has been paid by the State
    under the grant, and a release discharging the State of Illinois, its officers,
    agents, and employees from all liabilities, obligations, and claims arising
    out of the project work or under the grant, subject only to such exceptions
    which may be specified in the release.
     
    6) Schedule of payments
     
    Payments for project work will be paid in accordance with the schedule of
    payments established by a special condition of this grant, subject to
    appropriation of funds by the Illinois General Assembly.
     
    Section 360.805 Other Federal or State Grants
      
     
    If the grantee shall become eligible for a grant of federal funds or state funds for this project
    from other than the Anti-Pollution Fund, the grantee shall repay to the State of Illinois, for
    deposit in the Anti-Pollution Fund, any funds received exceed 75 percent of the approved
    allowable cost of the project as defined by the Agency in accordance with the conditions of this
    grant. The grantee shall take any and all actions as may be directed by the Agency to perfect and
    preserve such eligibility and to obtain such grant of federal funds or state funds from other than
    the Anti-Pollution Fund or to reimburse to the Anti-Pollution Fund such amounts as might have
    been returned to it under this condition but for failure of the grantee to take timely action as
    directed.

     
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    Section 360.APPENDIX A General Conditions of Construction Contract Document
    (Document No. 11 of the Contract Documents for Construction of Federally Assisted Water
    and Sewer Projects)
      
     
    1. Definitions
     
    2. Additional Instructions and Detail Drawings
     
    3. Schedules, Reports and Records
     
    4. Drawings and Specifications
     
    5. Shop Drawings
     
    6. Materials, Services and Facilities
     
    7. Inspection and Testing
     
    8. Substitutions
     
    9. Patents
     
    10. Surveys, Permits, Regulations
     
    11. Protection of Work, Property, Persons
     
    12. Supervision by Contractor
     
    13. Changes in Work
     
    14. Changes in Contract Price
     
    15. Time for Completion and Liquidated Damages
     
    16. Correction of Work
     
    17. Subsurface Conditions
     
    18. Suspension of Work, Termination and Delay
     
    19. Payments to Contractor
     
    20. Acceptance of Final Payment as Release

     
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    21. Insurance
     
    22. Contract Security
     
    23. Assignments
     
    24. Indemnification
     
    25. Separate Contracts
     
    26. Subcontracting
     
    27. Engineer's Authority
     
    28. Land and Rights-of-Way
     
    29. Guaranty
     
    30. Arbitration
     
    31. Taxes
     
    1. DEFINITIONS
     
    1.1 Wherever used in the CONTRACT DOCUMENTS, the following terms shall
    have the meanings indicated which shall be applicable to both the singular and
    plural thereof:
     
    1.2 ADDENDA
    Written or graphic instruments issued prior to the execution of the
    Agreement which modify or interpret the CONTRACT, DOCUMENTS,
    DRAWINGS and SPECIFICATIONS, by additions, deletions, clarifications or
    corrections.
     
    1.3 BID
    The offer or proposal of the BIDDER submitted on the prescribed form
    setting forth the prices for the WORK to be performed.
     
    1.4 BIDDER
    Any person, firm or corporation submitting a BID for the WORK.
     
    1.5 BONDS
    Bid, Performance, and Payment Bonds and other instruments of
    security, furnished by the CONTRACTOR and his surety in accordance with the
    CONTRACT DOCUMENTS.
     

     
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    1.6 CHANGE ORDER
    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.
     
    1.7 CONTRACT DOCUMENTS
    The contract, including Advertisement For Bids,
    Information For Bidders, BID, Bid Bond, Agreement, Payment Bond,
    Performance Bond. NOTICE OF AWARD, NOTICE TO PROCEED, CHANGE
    ORDER, DRAWINGS, SPECIFICATIONS, and ADDENDA.
     
    1.8 CONTRACT PRICE
    The total monies payable to the CONTRACTOR under
    the terms and conditions of the CONTRACT DOCUMENTS.
     
    1.9 CONTRACT TIME
    The number of calendar days stated in the CONTRACT
    DOCUMENTS for the completion of the WORK.
     
    1.10 CONTRACTOR
    The person, firm or corporation with whom the OWNER has
    executed the Agreement.
     
    1.11 DRAWINGS
    The part of the CONTRACT DOCUMENTS which show the
    characteristics and scope of the WORK to be performed and which have been
    prepared by or approved by the Engineer.
     
    1.12 ENGINEER
    The person, firm or corporation named as such in the CONTRACT
    DOCUMENTS.
     
    1.13 FIELD ORDER
    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.
     
    1.14 NOTICE OF AWARD
    The written notice of the acceptance of the BID from the
    OWNER to the successful BIDDER.
     
    1.15 NOTICE TO PROCEED
    Written communication issued by the OWNER to the
    CONTRACTOR authorizing him to proceed with the WORK and establishing the
    date of commencement of the WORK.
     
    1.16 OWNER
    A public or quasi-public body in authority, corporation, association,
    partnership, or individual for whom the WORK is to be performed.
     
    1.17 PROJECT
    The undertaking to be performed as provided in the CONTRACT
    DOCUMENTS.
     

     
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    1.18 RESIDENT PROJECT REPRESENTATIVE
    The authorized representative of
    the OWNER who is assigned to the PROJECT site or any part thereof.
     
    1.19 SHOP DRAWINGS
    All drawings, diagrams, illustrations, brochures, schedules
    and other data which are prepared by the CONTRACTOR, a
    SUBCONTRACTOR, manufacturer, SUPPLIER or distributor, which illustrate
    how specific portions of the WORK shall be fabricated or installed.
     
    1.20 SPECIFICATIONS
    A part of the CONTRACT DOCUMENTS consisting of
    written descriptions of a technical nature of materials, equipment, construction
    systems, standards and workmanship.
     
    1.21 SUBCONTRACTOR
    An individual, firm or corporation having a direct
    contract with the CONTRACTOR or with any other SUBCONTRACTOR by the
    performance of a part of the WORK at the site.
     
    1.22 SUBSTANTIAL COMPLETION
    That date as certified by the ENGINEER
    when the construction of the PROJECT or a specified part thereof is sufficiently
    completed, in accordance with the CONTRACT DOCUMENTS, so that the
    PROJECT or specified part can be utilized for the purposes for which it is
    intended.
     
    1.23 SUPPLEMENTAL GENERAL CONDITIONS
    Modifications to General
    Conditions required by a Federal agency for participation in the PROJECT and
    approved by the agency in writing prior to inclusion in the CONTRACT
    DOCUMENTS, or such requirements that may be imposed by applicable state
    laws.
     
    1.24 SUPPLIER
    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.
     
    1.25 WORK
    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.
     
    1.26 WRITTEN NOTICE
    Any notice to the party of the Agreement relative to any
    part of this Agreement in writing and considered delivered and the service thereof
    completed, when posted by certified or registered mail to the said party at his last
    given address, or delivered in person to said party or his authorized representative
    on the WORK.
     
    2. ADDITIONAL INSTRUCTIONS AND DETAIL DRAWINGS

     
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    2.1 The CONTRACTOR may be furnished additional instructions and detail
    drawings, by the ENGINEER, as necessary to carry out the WORK required by
    the CONTRACT DOCUMENTS.
     
    2.2 The additional drawings and instruction thus supplied will become a part of the
    CONTRACT DOCUMENTS. The CONTRACTOR shall carry out the WORK in
    accordance with the additional detail drawings and instructions.
     
    3. SCHEDULES, REPORTS AND RECORDS
     
    3.1 The CONTRACTOR shall submit to the OWNER such schedule of quantities and
    costs, progress schedules, payrolls, reports, estimates, records and other data
    where applicable as are required by the CONTRACT DOCUMENTS for the
    WORK to be performed.
     
    3.2 Prior to the first partial payment estimate the CONTRACTOR shall submit
    construction progress schedules showing the order in which he proposes to carry
    on the WORK, including dates at which he will start the various parts of the
    WORK, estimated date of completion of each part and, as applicable:
     
    3.2.1 The dates at which special detail drawings will be required; and
     
    3.2.2 Respective dates for submission of SHOP DRAWINGS, the beginning of
    manufacture, the testing and the installation of materials, supplies and
    equipment.
     
    3.3 The CONTRACTOR shall also submit a schedule of payments that he anticipates
    he will earn during the course of the WORK.
     
    4. DRAWINGS AND SPECIFICATIONS
     
    4.1 The intent of the DRAWINGS and SPECIFICATIONS is that the
    CONTRACTOR shall furnish all labor, materials, tools, equipment, and
    transportation necessary for the proper execution of the WORK in accordance
    with the CONTRACT DOCUMENTS and all incidental work necessary to
    complete the PROJECT in an acceptable manner, ready for use, occupancy or
    operation by the OWNER.
     
    4.2 In case of conflict between the DRAWINGS and SPECIFICATIONS, the
    SPECIFICATIONS shall govern. Figure dimensions on DRAWINGS shall
    govern over scale dimensions, and detailed DRAWINGS shall govern over
    general DRAWINGS.

     
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    4.3 Any discrepancies found between the DRAWINGS and SPECIFICATIONS and
    site conditions or any inconsistencies or ambiguities in the DRAWINGS or
    SPECIFICATIONS shall be immediately reported to the ENGINEER, in writing,
    who shall promptly correct such inconsistencies or ambiguities in writing. WORK
    done by the CONTRACTOR after his discovery of such discrepancies,
    inconsistencies or ambiguities shall be done at the CONTRACTOR'S risk.
     
    5. SHOP DRAWINGS
     
    5.1 The CONTRACTOR shall provide SHOP DRAWINGS as may be necessary for
    the prosecution of the WORK as required by the CONTRACT DOCUMENTS.
    The ENGINEER shall promptly review all SHOP DRAWINGS. The
    ENGINEER'S approval of any SHOP DRAWINGS shall not release the
    CONTRACTOR from responsibility for deviations from the CONTRACT
    DOCUMENTS. The approval of any SHOP DRAWING which substantially
    deviates from CONTRACT DOCUMENTS shall be evidenced by a CHANGE
    ORDER.
     
    5.2 When submitting for the ENGINEER'S review SHOP DRAWINGS shall bear the
    CONTRACTOR'S certification that he has reviewed, checked and approved the
    SHOP DRAWINGS and that they are in conformance with the requirements of
    the CONTRACT DOCUMENTS.
     
    5.3 Portions of the WORK requiring a SHOP DRAWING or sample submission shall
    not begin until the SHOP DRAWING or submission has been approved by the
    ENGINEER. A copy of each approved SHOP DRAWING and each approved
    sample shall be kept in good order by the CONTRACTOR at the site and shall be
    available to the ENGINEER.
     
    6. MATERIALS, SERVICES AND FACILITIES
     
    6.1 It is understood that except as otherwise specifically stated in the CONTRACT
    DOCUMENTS, the CONTRACTOR shall provide and pay for all materials,
    labor, tools, equipment, water, light, power, transportation, supervision,
    temporary construction of any nature whatsoever necessary to execute, complete,
    and deliver the WORK within the specified time.
     
    6.2 Materials and equipment shall be so stored as to insure the preservation of their
    quality and fitness for the WORK. Stored materials and equipment to be
    incorporated in the WORK shall be located so as to facilitate prompt inspection.
     
    6.3 Manufactured articles, materials and equipment shall be applied, installed,

     
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    connected, erected, used, cleaned and conditioned as directed by the
    manufacturer.
     
    6.4 Materials, supplies and equipment shall be in accordance with samples submitted
    by the CONTRACTOR and approved by the ENGINEER.
     
    6.5 Materials, supplies or equipment to be incorporated into the WORK shall not be
    purchased by the CONTRACTOR or the SUBCONTRACTOR subject to a
    chattel mortgage or under a conditional sale contract or other agreement by which
    an interest is retained by the seller.
     
    7. INSPECTION AND TESTING
     
    7.1 All materials and equipment used in the construction of the PROJECT shall be
    subject to adequate inspection and testing in accordance with generally accepted
    standards, as required and defined in the CONTRACT DOCUMENTS.
     
    7.2 The OWNER shall provide all inspection and testing services not required by the
    CONTRACT DOCUMENTS.
     
    7.3 The CONTRACTOR shall provide at his expense the testing and inspection
    services required by the CONTRACT DOCUMENTS.
     
    7.4 If the CONTRACT DOCUMENTS, laws, ordinances, rules, regulations or orders
    of any public authority having jurisdiction require any WORK to specifically be
    inspected, tested, or approved by someone other than the CONTRACTOR, the
    CONTRACTOR will give the ENGINEER timely notice of readiness. The
    CONTRACTOR will then furnish the ENGINEER the required certificates of
    inspection, testing or approval.
     
    7.5 Inspections, tests or approvals by the engineers or others shall not relieve the
    CONTRACTOR from his obligations to perform the WORK in accordance with
    the requirements of the CONTRACT DOCUMENTS.
     
    7.6 The ENGINEER and his representatives will at all times have access to the
    WORK. In addition, authorized representatives and agents of any participating
    Federal or state agency shall be permitted to inspect all work, materials, payrolls,
    records of personnel, invoices of materials, and other relevant data and records.
    The CONTRACTOR will provide proper facilities for such access and
    observation of the WORK and also for any inspection, or testing thereof.
     
    7.7 If any WORK is covered contrary to the written instructions of the ENGINEER it
    must, if requested by the ENGINEER, be uncovered for his observation and

     
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    replaced at the CONTRACTOR'S expense.
     
    7.8 If the ENGINEER considers it necessary or advisable that covered WORK be
    inspected or tested by others, the CONTRACTOR, at the ENGINEER'S request,
    will uncover, expose or otherwise make available for observation, inspection or
    testing as the ENGINEER may require, that portion of the WORK in question,
    furnishing all necessary labor, materials, tools, and equipment. If it is found that
    such WORK is defective, the CONTRACTOR will bear all the expenses of such
    uncovering, exposure, observation, inspection and testing and of satisfactory
    reconstruction. If, however, such WORK is not found to be defective, the
    CONTRACTOR will be allowed an increase in the CONTRACT PRICE or an
    extension of the CONTRACT TIME, or both, directly attributable to such
    uncovering, exposure, observation, inspection, testing and reconstruction and an
    appropriate CHANGE ORDER shall be issued.
     
      
    8. SUBSTITUTIONS
     
    8.1 Whenever a material, article or piece of equipment is identified on the
    DRAWINGS or SPECIFICATIONS by reference to brand name or catalogue
    number, it shall be understood that this is referenced for the purpose of defining
    the performance or other salient requirements and that other products of equal
    capacities, quality and function shall be considered. The CONTRACTOR may
    recommend the substitution of a material, article, or piece of equipment of equal
    substance and function for those referred to in the CONTRACT DOCUMENTS
    by reference to brand name or catalogue number, and if, in the opinion of the
    ENGINEER, such material, article, or piece of equipment is of equal substance
    and function to that specified, the ENGINEER may approve its substitution and
    use by the CONTRACTOR. Any cost differential shall be deductible from the
    CONTRACT PRICE and the CONTRACT DOCUMENTS shall be appropriately
    modified by CHANGE ORDER. The CONTRACTOR warrants that if
    substitutes are approved, no major changes in the function or general design of the
    PROJECT will result. Incidental changes or extra component parts required to
    accommodate the substitute will be made by the CONTRACTOR without a
    change in the CONTRACT PRICE or CONTRACT TIME.
     
      
    9. PATENTS
     
    9.1 The CONTRACTOR shall pay all applicable royalties and license fees. He shall
    defend all suits of claims for infringement of any patent rights and save the
    OWNER harmless from loss on account thereof, except that the OWNER shall be
    responsible for any such loss when a particular process design on the product of a

     
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    particular manufacturer or manufacturer is specified, however, if the
    CONTRACTOR has reason to believe that the design process or product specified
    is an infringement of a patent, he shall be responsible for such loss unless he
    promptly gives such information to the ENGINEER.
     
    10. SURVEYS, PERMITS, REGULATIONS
     
    10.1 The OWNER shall furnish all boundary surveys and establish all base lines for
    locating the principal component parts of the WORK together with a suitable
    number of bench marks adjacent to the WORK as shown in the CONTRACT
    DOCUMENTS. From the information provided by the OWNER, unless
    otherwise specified in the CONTRACT DOCUMENTS, the CONTRACTOR
    shall develop and make all detail survey, needed for construction such as slope
    stakes, batterboards, stakes for pile locations and other working points, lines,
    elevations and cut sheets.
     
    10.2 The CONTRACTOR shall carefully preserve bench marks, reference points and
    stakes and in case of willful or careless destruction, he shall be charged with the
    resulting expense and shall be responsible for any mistakes that may be caused by
    their unnecessary loss or disturbance.
     
    10.3 Permits and licenses of a temporary nature necessary for the prosecution of the
    WORK shall be secured and paid for by the CONTRACTOR unless otherwise
    stated in the SUPPLEMENTAL GENERAL CONDITIONS. Permits, licenses
    and easements for permanent structures or permanent changes in existing facilities
    shall be secured and paid for by the OWNER, unless otherwise specified. The
    CONTRACTOR shall give all notices and comply with all laws, ordinances, rules
    and regulations bearing on the conduct of the WORK as drawn an specified. If
    the CONTRACTOR observes that the CONTRACT DOCUMENTS are at
    variance therewith, he shall promptly notify the ENGINEER in writing, and any
    necessary changes shall be adjusted as provided in Section 13, CHANGES IN
    THE WORK.
     
    11. PROTECTION OF WORK, PROPERTY AND PERSONS
     
    11.1 The CONTRACTOR will be responsible for initiating, maintaining and
    supervising all safety precautions and programs in connection with the WORK.
    He will take all necessary precautions for the safety of and will provide the
    necessary protection to prevent damage, injury affected thereby, all the WORK
    and all materials or equipment to be incorporated therein, whether in storage on or
    off the site, and other property at the site or adjacent thereto, including trees,
    shrubs, lawns, walks, pavements, roadways, structures and utilities not designated
    for removal, relocation or replacement in the course of construction.

     
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    11.2 The CONTRACTOR will comply with all applicable laws, ordinances, rules,
    regulations and orders of any public body having jurisdiction. He will erect and
    maintain, as required by the conditions and progress of the WORK, all necessary
    safeguards for safety and protection. He will notify owners of adjacent utilities
    when prosecution of the WORK may affect them. The CONTRACTOR will
    remedy all damage, injury or loss to any property caused directly or indirectly, in
    whole or in part, by the CONTRACTOR, any SUBCONTRACTOR or anyone
    directly or indirectly employed by any of them or anyone for whose acts any of
    them be liable, except damage or loss attributable to the fault of the CONTRACT
    DOCUMENTS or to the acts or omissions of the OWNER or the ENGINEER or
    anyone employed by either of them or anyone for whose acts either of them may
    be liable and not attributable, directly or indirectly, in whole or in part, to the fault
    or negligence of the CONTRACTOR.
     
    11.3 In emergencies affecting the safety of persons or the WORK or property at the
    site or adjacent thereto, the CONTRACTOR, without special instruction or
    authorization from the ENGINEER or OWNER, shall act to prevent threatened
    damage, injury or loss. He will give the ENGINEER prompt WRITTEN NOTICE
    of any significant changes in the WORK or deviations from the CONTRACT
    DOCUMENTS caused thereby, and a CHANGE ORDER shall thereupon be
    issued covering the changes and deviations involved.
     
    12. SUPERVISION BY CONTRACTOR
     
    12.1 The CONTRACTOR will supervise and direct the WORK. He will be solely
    responsible for the means, methods, techniques, sequences and procedures of
    construction. The CONTRACTOR will employ and maintain on the WORK a
    qualified supervisor or superintendent who shall have been designated in writing
    by the CONTRACTOR as the CONTRACTOR'S representative at the site. The
    supervisor shall have full authority to act on behalf of the CONTRACTOR and all
    communications given to the supervisor shall be binding as if given to the
    CONTRACTOR. The supervisor shall be present on the site at all times as
    required to perform adequate supervision and coordination of the WORK.
     
    13. CHANGES IN THE WORK
     
    13.1 The OWNER may at any time, as the need arises, order changes within the scope
    of the WORK without invalidating the Agreement. If such changes increase or
    decrease the amount due under the CONTRACT DOCUMENTS or in the time
    required for performance of the WORK an equitable adjustment shall be
    authorized by CHANGE ORDER.
     

     
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    13.2 The ENGINEER, also, may at any time, by issuing a FIELD ORDER, make
    changes in the details of the WORK. The CONTRACTOR shall proceed with the
    performance of any changes in the WORK so ordered by the ENGINEER unless
    the CONTRACTOR believes that such FIELD ORDER entitles him th a change
    in CONTRACT PRICE or TIME, or both, in which event he shall give the
    ENGINEER WRITTEN NOTICE thereof within seven (7) days after the receipt
    of the ordered change. Thereafter the CONTRACTOR shall document the basis
    for the change in CONTRACT PRICE or TIME within thirty (30) days. The
    CONTRACTOR shall not execute such changes pending the receipt of an
    executed CHANGE ORDER or further instruction from the OWNER.
     
      
    14. CHANGES IN CONTRACT PRICE
     
    14.1 The CONTRACT PRICE may be changed only by a CHANGE ORDER. The
    value of any WORK covered by a CHANGE ORDER or of any claim for increase
    or decrease in the CONTRACT PRICE shall be determined by one or more of the
    following methods in the order of precedence listed below:
     
    a. Unit prices previously approved
     
    b. An agreed lump sum
     
    c. The actual cost for labor, direct overhead, materials, supplies, equipment,
    and other services necessary to complete the work. In addition, there shall
    be added an amount to be agreed upon but not to exceed fifteen (15)
    percent of the actual cost of the WORK to cover the cost of general
    overhead profit.
     
      
    15. TIME FOR COMPLETION AND LIQUIDATED DAMAGES
     
    15.1 The date of beginning and the time for completion of the WORK are essential
    conditions of the CONTRACT DOCUMENTS and the WORK embraced shall be
    commenced on a date specified in the NOTICE TO PROCEED.
     
    15.2 The CONTRACTOR will proceed with the WORK at such rate of progress to
    insure full completion within the CONTRACT TIME. It is expressly understood
    and agreed, by and between the CONTRACTOR and the OWNER, that the
    CONTRACT TIME, for the completion of the WORK described herein is a
    reasonable time, taking into consideration the average climatic and economic
    conditions and other factors prevailing in the locality of the WORK.
     

     
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    15.3 If the CONTRACTOR shall fail to complete the WORK within the CONTRACT
    TIME, an extension of time granted by the OWNER, then the CONTRACTOR
    will pay to the OWNER the amount for liquidated damages as specified in the
    BID for each calendar day that the CONTRACTOR shall be in default after the
    time stipulated in the CONTRACT DOCUMENTS.
     
    15.4 The CONTRACTOR shall not be charged with liquidated damages of any excess
    cost when the delay in completion of the WORK is due to the following and the
    CONTRACTOR has promptly given WRITTEN NOTICE of such delay to the
    OWNER OR ENGINEER.
     
    15.4.1 To any preference, priority or allocation order duly issued by the
    OWNER
     
    15.4.2 To unforeseeable causes beyond the control and without the fault or
    negligence of the CONTRACTOR, including but not restricted to acts
    of God, or of the public enemy, acts of the OWNER, acts of another
    CONTRACTOR in the performance of a contract with the OWNER,
    fires, floods, epidemics, quarantine restrictions, strikes, freight
    embargoes, and abnormal and unforeseeable weather; and
     
    15.4.3 To any delays of SUBCONTRACTORS occasioned by any of the
    causes specified in paragraphs 15.4.1 and 15.4.2 of this article.
     
    16. CORRECTION OF WORK
     
    16.1 The CONTRACTOR shall promptly remove from the premises all WORK
    rejected by the ENGINEER for failure to comply with the CONTRACT
    DOCUMENTS, whether incorporated in the construction or not, and the
    CONTRACTOR shall promptly replace and reexecute the WORK in accordance
    with the CONTRACT DOCUMENTS and without expense to the OWNER and
    shall bear the expense of making good all WORK of other CONTRACTORS
    destroyed or damaged by such removal or replacement.
     
    16.2 All removal and replacement WORK shall be done at the CONTRACTOR'S
    expense. If the CONTRACTOR does not take action to remove such rejected
    WORK within ten (10) days after receipt of WRITTEN NOTICE, the OWNER
    may remove such WORK and store the materials at the expense of the
    CONTRACTOR.
     
      
    17. SUBSURFACE CONDITIONS
     

     
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    17.1 The CONTRACTOR shall promptly, and before such conditions are disturbed,
    except in the event of an emergency, notify the OWNER by WRITTEN NOTICE
    of:
     
    17.1.1 Subsurface or latent physical condition at the site differing materially
    from those indicated in the CONTRACT DOCUMENTS; or
     
    17.1.2 Unknown physical conditions at the site, of an unusual nature, differing
    materially from those ordinarily encountered and generally recognized
    as inherent in WORK of the character provided for in the CONTRACT
    DOCUMENTS.
     
    17.2 The OWNER shall promptly investigate the conditions, and if he finds that such
    conditions do so materially differ and cause an increase or decrease in the cost of,
    or in the time required for, performance of the WORK, an equitable adjustment
    shall be made and the CONTRACT DOCUMENTS shall be modified by a
    CHANGE ORDER. Any claim of the CONTRACTOR for adjustment hereunder
    shall not be allowed unless he has given the required WRITTEN NOTICE,
    provided that the OWNER may, if he determines the facts so justify, consider and
    adjust any such claims asserted before the date of final payment.
     
    18. SUSPENSION OF WORK, TERMINATION AND DELAY
     
    18.1 The OWNER may suspend the WORK on any portion thereof for a period of not
    more than ninety days or such further time as agreed upon by the
    CONTRACTOR, by WRITTEN NOTICE to the CONTRACTOR and the
    ENGINEER which notice shall fix the date on which WORK shall be resumed.
    The CONTRACTOR will resume the WORK on the date so fixed. The
    CONTRACTOR will be allowed an increase in the CONTRACT PRICE or an
    extension of the CONTRACT TIME, or both, directly attributable to any
    suspension.
     
    18.2 If the CONTRACTOR is adjudged a bankrupt or insolvent, or if he makes a
    general assignment for the benefit of his creditors, or if a trustee or receiver is
    appointed for the CONTRACTOR or for any of his property, of if he files a
    petition to take advantage of any debtor's act, or to reorganize under the
    bankruptcy or applicable laws, or if he repeatedly fails to supply sufficient skilled
    workmen or suitable materials or equipment, or if he repeatedly fails to make
    prompt payments to SUBCONTRACTORS or for labor, materials or equipment
    or if he disregards laws, ordinances, rules, regulations or orders of any public
    body having jurisdiction of the WORK or if he disregards the authority of the
    ENGINEER, or if he otherwise violates any provision of the CONTRACT
    DOCUMENTS, then the OWNER may, without prejudice to any other right or

     
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    remedy and after giving the CONTRACTOR and his surety a minimum of ten
    (10) days from delivery of a WRITTEN NOTICE, terminate the services of the
    CONTRACTOR and take possession of the PROJECT and of all materials,
    equipment, tools, construction equipment and machinery thereon owned by the
    CONTRACTOR, and finish the WORK by whatever method he may deem
    expedient. In such case the CONTRACTOR shall not be entitled to receive any
    further payment until the WORK is finished. If the unpaid balance of the
    CONTRACT PRICE exceeds the direct and indirect costs of completing the
    PROJECT, including compensation for additional professional services, such
    excess SHALL BE PAID TO THE CONTRACTOR. If such costs exceed such
    unpaid balance, the CONTRACTOR will pay the difference to the OWNER.
    Such costs incurred by the OWNER will be determined by the ENGINEER and
    incorporated in a CHANGE ORDER.
     
    18.3 Where the CONTRACTOR'S services have been so terminated by the OWNER,
    said termination shall not affect any rights of the OWNER against the
    CONTRACTOR then existing or which may thereafter accrue. Any retention or
    payment of monies by the OWNER due the CONTRACTOR will not release the
    CONTRACTOR from compliance with the CONTRACT DOCUMENTS.
     
    18.4 After ten (10) days from delivery of a WRITTEN NOTICE to the
    CONTRACTOR and the ENGINEER the OWNER may, without cause and
    without prejudice to any other right or remedy elect to abandon the PROJECT and
    terminate the CONTRACT in such case, the CONTRACTOR shall be paid for all
    WORK executed and any expense sustained plus reasonable profit.
     
    18.5 If, through no act or fault of the CONTRACTOR, the WORK is suspended for a
    period of more than ninety (90) days by the OWNER or under an order of court or
    other public authority or the ENGINEER fails to act on any request for payment
    within thirty (30) days after it is submitted the OWNER fails to pay the
    CONTRACTOR substantially the sum approved by the ENGINEER or awarded
    by arbitrators within thirty (30) days of its approval and presentation, then the
    CONTRACTOR may after ten (10) days from delivery of a WRITTEN NOTICE
    to the OWNER and the ENGINEER, terminate the CONTRACT and recover
    from the OWNER payment for all WORK executed and all expenses sustained.
    In addition and in lieu of terminating the CONTRACT, if the ENGINEER has
    failed to act on a request for payment or if the OWNER has failed to make any
    payment as aforesaid, the CONTRACTOR may upon ten (10) days written notice
    to the OWNER and the ENGINEER stop the WORK until he has been paid all
    amounts then due in which event and upon resumption of the WORK, CHANGE
    ORDERS shall be issued for adjusting the CONTRACT PRICE or extending the
    CONTRACT TIME or both to compensate for the costs and delays attributable to
    the stoppage of the WORK.

     
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    18.6 If the performance of all or any portion of the WORK is suspended, delayed, or
    interrupted as a result of a failure of the OWNER or ENGINEER to act within the
    time specified in the CONTRACT DOCUMENTS, or if no time is specified,
    within a reasonable time, an adjustment in the CONTRACT PRICE or an
    extension of the CONTRACT TIME, or both, shall be made by CHANGE
    ORDER to compensate the CONTRACTOR for the costs and delays necessarily
    caused by the failure of the OWNER or ENGINEER.
     
    19. PAYMENTS TO CONTRACTOR
     
    19.1 At least ten (10) days before each progress payment falls due (but not more often
    than once a month), the CONTRACTOR will submit to the ENGINEER a partial
    payment estimate filled out and signed by the CONTRACTOR covering the
    WORK performed during the period covered by the partial payment estimate and
    supported by such data as the ENGINEER may reasonably require. If payment is
    requested on the basis of materials and equipment not incorporated in the WORK
    but delivered and suitably stored at or near the site, the partial payment estimate
    shall also be accompanied by such supporting data, satisfactory to the OWNER,
    as will establish the OWNER'S title to the material and equipment and protect his
    interest therein, including applicable insurance. The ENGINEER will, within ten
    (10) days after receipt of each partial payment estimate, either indicate in writing
    his approval of payment and present the partial payment estimate to the OWNER,
    or return the partial payment estimate to the CONTRACTOR indicating in writing
    his reasons for refusing the approve payment. In the latter case, the
    CONTRACTOR may make the necessary corrections and resubmit the partial
    payment estimate. The OWNER will, within ten (10) days of presentation to him
    of an approved partial payment estimate, pay the CONTRACTOR a progress
    payment on the basis of the approved partial payment estimate. The OWNER
    shall retain ten (10) percent of the amount of each payment until final completion
    and acceptance of all work covered by the CONTRACT DOCUMENTS. The
    OWNER at any time, however, after fifty (50) percent of the WORK has been
    completed, if he finds that satisfactory progress is being made, shall reduce
    retainage to five (5%) percent on the current and remaining estimates. When the
    WORK is substantially complete (operational or beneficial occupancy), the
    retained amount may be further reduced below five (5) percent to only that
    amount necessary to assure completion. On completion and acceptance of a part
    of the WORK on which the price is stated separately in the CONTRACT
    DOCUMENTS, payment may be made in full, including retained percentages,
    less authorized deductions.
     
    19.2 The request for payment may also include an allowance for the cost of such major
    materials and equipment which are suitably stored either at or near the site.

     
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    19.3 Prior to SUBSTANTIAL COMPLETION, the OWNER, with the approval of the
    ENGINEER and with the concurrence of the CONTRACTOR, may use any
    completed or substantially completed portions of the WORK. Such use shall not
    constitute an acceptance of such portions of the WORK.
     
    19.4 The OWNER shall have the right to enter the premises for the purpose of doing
    work not covered by the CONTRACT DOCUMENTS. This provision shall not be
    construed as relieving the CONTRACTOR of the sole responsibility for the care
    and protection of the WORK, or the restoration of any damaged WORK except
    such as may be caused by agents or employees of the OWNER.
     
    19.5 Upon completion and acceptance of the WORK, the ENGINEER shall issue a
    certificate attached to the final payment request that the WORK has been accepted
    by him under the conditions of the CONTRACT DOCUMENTS. The entire
    balance found to be due the CONTRACTOR, including the retained percentages,
    but except such sums as may be lawfully retained by the OWNER, shall be paid
    to the CONTRACTOR within thirty (30) days of completion and acceptance of
    the WORK.
     
    19.6 The CONTRACTOR will indemnify and save the OWNER or the OWNER'S
    agents harmless from all claims growing out of the lawful demands of
    SUBCONTRACTORS, laborers, workmen, mechanics, materialmen, and
    furnishers of machinery and parts thereof, equipment, tools, and all supplies
    incurred in the furtherance of the performance of the WORK. The
    CONTRACTOR shall, at the OWNER'S request, furnish satisfactory evidence
    that all obligations of the nature designated above have been paid, discharged, or
    waived. If the CONTRACTOR fails to do so the OWNER may, after having
    notified the CONTRACTOR, either pay unpaid bills or withhold from the
    CONTRACTOR'S unpaid compensation a sum of money deemed reasonably
    sufficient to pay any and all such lawful claims until satisfactory evidence is
    furnished that all liabilities have been fully discharged whereupon payment to the
    CONTRACTOR shall be resumed, in accordance with the terms of the
    CONTRACT DOCUMENTS, but in no event shall the provisions of this sentence
    be construed to impose any obligations upon the OWNER to either the
    CONTRACTOR, his Surety, or any third party. In paying any unpaid bills of the
    CONTRACTOR, any payment so made by the OWNER shall be considered as a
    payment made under the CONTRACT DOCUMENTS by the OWNER to the
    CONTRACTOR and the OWNER shall not be liable to the CONTRACTOR for
    any such payments made in good faith.
     
    19.7 If the OWNER fails to make payment thirty (30) days after approval by the
    ENGINEER, in addition to other remedies available to the CONTRACTOR, there

     
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    shall be added to each such payment interest at the maximum legal rate
    commencing on the first day after said payment is due and continuing until the
    payment is received by the CONTRACTOR.
     
      
    20. ACCEPTANCE OF FINAL PAYMENT AS RELEASE
     
    20.1 The acceptance by the CONTRACTOR of final payment shall be and shall
    operate as a release to the OWNER of all claims and all liability to the
    CONTRACTOR other than claims in stated amounts as may be specifically
    excepted by the CONTRACTOR for all things done or furnished in connection
    with this WORK and for every act and neglect of the OWNER and others relating
    to or arising out of this WORK. Any payment, however, final or otherwise, shall
    not release the CONTRACTOR or his sureties from any obligations under the
    CONTRACT DOCUMENTS or the Performance BOND and Payment BONDS.
     
    21. INSURANCE
     
    21.1 The CONTRACTOR shall purchase and maintain such insurance as will protect
    him from claims set forth below which may arise out of or result from the
    CONTRACTOR'S execution of the WORK, whether such execution be by
    himself or by any SUBCONTRACTOR or by anyone directly or indirectly
    employed by any of them, or by anyone for whose acts any of them may be liable:
     
    21.1.1 Claims under workmen's compensation disability benefit and other
    similar employee benefit acts;
     
    21.1.2 Claims for damages because of bodily injury, occupational sickness or
    disease, or death of his employees;
     
    21.1.3 Claim for damages because of bodily injury, sickness or disease, or
    death of any person other than his employees;
     
    21.1.4 Claims for damages insured by usual personal injury liability coverage
    which are sustained (1) by any person as a result of an offense directly
    or indirectly related to the employment of such person by the
    CONTRACTOR, or (2) by any other person, and
     
    21.1.5 Claims for damages because of injury to or destruction of tangible
    property, including loss of use resulting therefrom.
     
      
    21.2 Certificates of Insurance acceptable to the OWNER shall be filed with the

     
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    OWNER prior to commencement of the WORK. These Certificates shall contain
    a provision that coverages afforded under the policies will not be cancelled unless
    at least fifteen (15) days prior WRITTEN NOTICE has been given to the
    OWNER.
     
    21.3 The CONTRACTOR shall procure and maintain, at his own expense, during the
    the CONTRACT TIME, liability insurance as hereinafter specified:
     
    21.3.1 CONTRACTOR'S General Public
    Liability and Property Damage
    Insurance including vehicle coverage issued to the CONTRACTOR and
    protecting him from all claims for destruction of or damage to property,
    arising out of or in connection with any operations under the
    CONTRACT DOCUMENTS whether such operations be by himself or
    by any SUBCONTRACTOR under him or anyone directly or indirectly
    employed by the CONTRACTOR or by a SUBCONTRACTOR under
    him. Insurance shall be written with a limit of liability of not less than
    $500,000 for all damages arising out of bodily injury including death, at
    any time resulting therefrom, sustained by any one person in any one
    accident, and a limit of liability of not less than $500,000 aggregate for
    any such damages sustained by two or more persons in any one accident.
    Insurance shall be written with a limit of liability of not less than
    $200,000 for all property damage sustained by any one person in any
    one accident: and a limit of liability of not less than $200,000 aggregate
    for any such damage sustained by two or more persons in any one
    accident.
     
    21.3.2 The CONTRACTOR shall acquire and maintain, if applicable, Fire and
    Extended Coverage insurance upon the PROJECT to the full insurable
    value thereof for the benefit of the OWNER, the CONTRACTOR, and
    SUBCONTRACTORS as their interest may appear. This provision shall
    in no way release the CONTRACTOR or CONTRACTOR'S surety from
    obligations under the CONTRACT DOCUMENTS to fully complete the
    PROJECT.
     
    21.4 The CONTRACTOR shall procure and maintain, at his own expense during the
    CONTRACT TIME, in accordance with the provisions of the laws of the state in
    which the work is performed, Workmen's Compensation Insurance including
    occupational disease provisions, for all of his employees at the site of the
    PROJECT and in case any work is sublet, the CONTRACTOR shall require such
    SUBCONTRACTOR similarly to provide Workmen's Compensation Insurance,
    including occupational disease provisions for all of the latter's employees unless
    such employees are covered by the protection afforded by the CONTRACTOR.
    In case any class of employees engaged in hazardous work under this contract at

     
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    the site of the PROJECT is not protected under Workmen's Compensation statute,
    the CONTRACTOR shall provide, and shall cause each SUBCONTRACTOR to
    provide, adequate and suitable insurance for the protection of his employees not
    otherwise protected.
     
    21.5 The CONTRACTOR shall secure, if applicable, "All Risk" type Builder's Risk
    Insurance for WORK to be performed. Unless specifically authorized by the
    OWNER, the amount of such insurance shall not be less than the CONTRACT
    PRICE totaled in the BID. The policy shall cover not less than the losses due to
    fire, explosion, hail, lightning, vandalism, malicious mischief, wind, collapse, riot,
    aircraft, and smoke during the CONTRACT TIME, and until the WORK is
    accepted by the OWNER. The policy shall name the insured the
    CONTRACTOR, the ENGINEER, and the OWNER.
     
    22. CONTRACT SECURITY
     
    22.1 The CONTRACTOR shall within ten (10) days after the receipt of the NOTICE
    OF AWARD furnish the OWNER with a Performance Bond and a Payment Bond
    in penal sums equal to the amount of the CONTRACT PRICE conditioned upon
    the performance by the CONTRACTOR of all undertakings, covenants, terms,
    conditions, and agreements of the CONTRACT DOCUMENTS, and upon the
    prompt payment by the CONTRACTOR to all persons supplying labor and
    materials in the prosecution of the WORK provided by the CONTRACT
    DOCUMENTS. Such BONDS shall be executed by the CONTRACTOR and a
    corporate bonding company licensed to transact such business in the state in
    which the WORK is to be performed and named on the current list of "Surety
    Companies Acceptable on Federal Bonds" as published in the Treasury
    Department Circular Number 570. The expense of these BONDS shall be borne
    by the CONTRACTOR. If at any time a surety on any such BOND is declared a
    bankrupt or loses its right to do business in the state in which the WORK is to be
    performed or is removed from the list of Surety Companies accepted on Federal
    BONDS, CONTRACTOR shall within ten (10) days after notice from the
    OWNER to do so, substitute an acceptable BOND (or BONDS) in such form and
    sum and signed by such other surety or sureties as may be satisfactory to the
    OWNER. The premiums on such BOND shall be paid by the CONTRACTOR.
    No further payments shall be deemed due nor shall be made until the new surety
    or sureties shall have furnished an acceptable BOND to the OWNER.
     
      
    23. ASSIGNMENTS
     
    23.1 Neither the CONTRACTOR nor the OWNER shall sell, transfer, assign or
    otherwise dispose of the Contract or any portion thereof, or of his right, title or

     
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    interest therein, or his obligations thereunder, without written consent of the other
    party.
     
    24. INDEMNIFICATION
     
    24.1 The CONTRACTOR will indemnify and hold harmless the OWNER and the
    ENGINEER and their agents and employees from and against all claims,
    damages, losses and expenses including attorney's fees arising out of or resulting
    from the performance of the WORK, provided that any such claims, damage loss
    or expense is attributable to bodily injury, sickness, disease or death, or to injury
    to or destruction of tangible property, including the loss of use resulting
    therefrom; and is caused in whole or in part by any negligent or willful act or
    omission of the CONTRACTOR, and SUBCONTRACTOR, anyone directly or
    indirectly employed by any of them or anyone for whose acts any of them may be
    liable.
     
    24.2 In any and all claims against the OWNER or the ENGINEER, or any of their
    agents or employees, by any employee of the CONTRACTOR, any
    SUBCONTRACTOR, anyone directly or indirectly employed by any of them, or
    anyone for whose acts any of them may be liable, the indemnification obligation
    shall not be limited in any way by any limitation on the amount or type of
    damages, compensation or benefits payable by or for the CONTRACTOR or any
    SUBCONTRACTOR under workmen's compensation acts, disability benefit acts
    or other employee benefits acts.
     
    24.3 The obligation of the CONTRACTOR under this paragraph shall not extend to the
    liability of the ENGINEER, his agents or employees arising out of the preparation
    or approval of maps, DRAWINGS, opinions, reports, surveys, CHANGE
    ORDERS, designs or SPECIFICATIONS.
     
    25. SEPARATE CONTRACTS
     
    25.1 The OWNER reserves the right to let other contracts in connection with this
    PROJECT. The CONTRACTOR shall afford other CONTRACTORS reasonable
    opportunity for the introduction and storage of their materials and the execution of
    their WORK, and shall properly connect and coordinate his WORK with theirs.
    If the proper execution or results of any part of the CONTRACTOR'S WORK
    depends upon the WORK of any other CONTRACTOR, the CONTRACTOR
    shall inspect and promptly report to the ENGINEER any defects in such WORK
    that render it unsuitable for such proper execution and results.
     
    25.2 The OWNER may perform additional WORK related to the PROJECT by
    himself, or he may let other contracts containing provisions similar to these. The

     
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    CONTRACTOR will afford the other CONTRACTORS who are parties to such
    Contracts (or the OWNER, if he is performing the additional WORK himself),
    reasonable opportunity for the introduction and storage or materials and
    equipment and the execution of WORK, and shall properly connect and
    coordinate his WORK with theirs.
     
    25.3 If the performance of additional WORK by other CONTRACTORS or the
    OWNER is not noted in the CONTRACT DOCUMENTS prior to the execution
    of the CONTRACT, written notice thereof shall be given to the CONTRACTOR
    prior to starting any such additional WORK. If the CONTRACTOR believes that
    the performance of such additional WORK by the OWNER or others involves
    him in additional expense or entitles him to an extension of the CONTRACT
    TIME, he may make a claim therefore as provided in Sections 14 and 15.
     
    26. SUBCONTRACTING
     
    26.1 The CONTRACTOR may utilize the services of specialty SUBCONTRACTORS
    on those parts of the WORK which, under normal contracting practices, are
    performed by specialty SUBCONTRACTORS.
     
    26.2 The CONTRACTOR shall not award WORK to SUBCONTRACTOR(s), in
    excess of fifty (50%) percent of the CONTRACT PRICE, without prior written
    approval of the OWNER.
     
    26.3 The CONTRACTOR shall be fully responsible to the OWNER for the acts and
    omissions of his SUBCONTRACTORS, and of persons either directly or
    indirectly employed by them, as he is for the acts and omissions of persons
    directly employed by him.
     
    26.4 The CONTRACTOR shall cause appropriate provisions to be inserted in all
    subcontracts relative to the WORK to bind SUBCONTRACTORS to the
    CONTRACTOR by the terms of the CONTRACT DOCUMENTS insofar as
    applicable to the WORK of SUBCONTRACTORS and to give the
    CONTRACTOR the same power or regards terminating any subcontract that the
    OWNER may exercise over the CONTRACTOR under any provision of the
    CONTRACT DOCUMENTS.
     
    26.5 Nothing contained in this CONTRACT shall create any contractual relation
    between any SUBCONTRACTOR and the OWNER.
     
    27. ENGINEER'S AUTHORITY
     
    27.1 The ENGINEER shall act as the OWNER'S representative during the construction

     
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    period. He shall decide questions which may arise as to quality and acceptability
    of materials furnished and WORK performed. He shall interpret the intent of the
    CONTRACT DOCUMENTS in a fair and unbiased manner. The ENGINEER
    will make visits to the site and determine if the WORK is proceeding in
    accordance with the CONTRACT DOCUMENTS.
     
    27.2 The CONTRACTOR will be held strictly to the intent of the CONTRACT
    DOCUMENTS in regard to the quality of materials, workmanship and execution
    of the WORK. Inspections may be made at the factory or fabrication plant of the
    source of material supply.
     
    27.3 The ENGINEER will not be responsible for the construction means, control,
    techniques, sequences, procedures, or construction safety.
     
    27.4 The ENGINEER shall promptly make the decisions relative to interpretation of
    the CONTRACT DOCUMENTS.
     
      
    28. LAND AND RIGHTS-OF-WAY
     
    28.1 Prior to issuance of NOTICE TO PROCEED, the OWNER shall obtain all land
    and rights-of-way necessary for carrying out and for the completion of the WORK
    to be performed pursuant to the CONTRACT DOCUMENTS, unless otherwise
    mutually agreed.
     
    28.2 The OWNER shall provide to the CONTRACTOR information which delineates
    and describes the lands owned and rights-of-way acquired.
     
    28.3 The CONTRACTOR shall provide at his own expense and without liability to the
    OWNER any additional land and access thereto that the CONTRACTOR may
    desire for temporary construction facilities, or for storage of materials.
     
    29. GUARANTY
     
    29.1 The CONTRACTOR shall guarantee all materials and equipment furnished and
    WORK performed for a period of one (1) year from the date of SUBSTANTIAL
    COMPLETION. The CONTRACTOR warrants and guarantees for a period of
    one (1) year from the date of SUBSTANTIAL COMPLETION of the system that
    the completed system if free from all defects due to faulty materials or
    workmanship and the CONTRACTOR shall promptly make such corrections as
    may be necessary by reason of such defects including the repairs of any damage
    to other parts of the system resulting from such defects. The OWNER will give
    notice of observed defects with reasonable promptness. In the event that the

     
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    CONTRACTOR should fail to make such repairs, adjustments, or other WORK
    that may be made necessary by such defects, the OWNER may do so and charge
    the CONTRACTOR the cost thereby incurred. The Performance BOND shall
    remain in full force and effect through the guarantee period.
     
    30. ARBITRATION
     
    30.1 All claims, disputes and other matters in question arising out of, or relating to, the
    CONTRACT DOCUMENTS or the breach thereof, except for claims which have
    been waived by the making and acceptance of final payment as provided by
    Section 20 shall be decided by arbitration in accordance with the Construction
    Industry Arbitration Rules of the American Arbitration Association. This
    agreement to arbitrate shall be specifically enforceable under the prevailing
    arbitration law. The award rendered by the arbitrators shall be final, and
    judgement may be entered upon it in any court having jurisdiction thereof.
     
    30.2 Notice of the demand for arbitration shall be filed in writing with the other party
    to the CONTRACT DOCUMENTS and with the American Arbitration
    Association, and a copy shall be filed with the ENGINEER. Demand for
    arbitration shall in no event be made on any claim, dispute or other matter in
    question which would be barred by the applicable statue of limitations.
     
    30.3 The CONTRACTOR will carry on the WORK and maintain the progress
    schedule during any arbitration proceedings, unless otherwise mutually agreed in
    writing.
     
    31. TAXES
     
    31.1 The CONTRACTOR will pay all sales consumer use and other similar taxes
    required by the law of the place where the WORK is performed.

     
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    Section 360.APPENDIX B Access To Records
    Audit (Existing Consulting Engineering
    Agreement) (Applicable To Consulting Engineering Agreements Entered Into Between
    June 30, 1975 and July 1, 1976)
      
     
    1. Access clause. After June 30, 1975, a construction grant for Steps 1, 2 or 3 will
    not be awarded unless an acceptable records and access clause is included in the
    consulting engineering subagreement. The clause contained in Appendix III shall
    be used after July 1, 1976.
     
    2. Agency exercise of right of access to records.
     
    a. For the purpose of determining where the Agency shall exercise its right
    of access, engineers' project-related records have been divided into three
    categories:
     
    (1) Category A. Records pertaining directly to the professional,
    technical and other services performed, excluding any type of
    financial records of the consulting engineer.
     
    (2) Category B. Financial records of the consulting engineer
    pertaining to the direct costs of professional, technical and other
    services performed, excluding financial records pertaining to profit
    and overhead or other indirect costs.
     
    (3) Category C. Financial records of the consulting engineer
    excluding from Category B.
     
    b. In all cases, the Agency will exercise its right of access to Category A
    records. Also, where there is an indication that fraud, gross abuse, or
    corrupt practices may be involved, the Agency will exercise its right of
    access to records in all categories. Otherwise, access to consulting
    engineers' financial records (Categories B and C) will depend principally
    upon the method(s) of compensation stipulated in the agreement:
     
    (1) Agreements based upon a percentage of construction cost.
    Category B and C records will not be audited. However, terms of
    the agreement including the total amount of compensation will be
    evaluated for fairness and reasonableness and consistency with
    historical and advisory guidelines in general use and acceptable
    locally or other analyses or data relied upon or utilized by the
    contracting parties in negotiation of the agreement. Such
    evaluation shall also consider comparable contracts for which
    Agency grants have been awarded.

     
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    (2) Agreements based upon salary cost times a multiplier including
    profit. Category B records will be audited. However, terms of the
    agreement, including the total amount of compensation and the
    multiplier, will be evaluated for fairness and reasonableness and
    consistency with historical and advisory guidelines in general use
    and acceptable locally or other analyses or data relied upon or
    utilized by the contracting parties in negotiation of the agreement.
    Such evaluation shall also consider comparable contracts for which
    Agency grants have been awarded. Items of overhead or other
    indirect costs will only be audited to the extent necessary to assure
    that types of costs found both in overhead and reimbursable direct
    costs, if any, are properly charged.
     
    (3) Per diem agreements. Category B records will be audited.
    Category C records will not be audited. Audit will be performed to
    the extent necessary to determine that hours claimed and classes of
    personnel used were properly supported. The per diem rates will
    be evaluated in accordance with appropriate portions of paragraphs
    2.b(1) and (2) of this appendix.
     
    (4) Cost plus a fixed fee (profit). All direct costs and overhead and
    other indirect costs claimed will be audited to determine that they
    are reasonable, allowable, and properly supported by the
    consulting engineer's records. The amount of fixed fee will not be
    questioned unless the total compensation appears unreasonable
    when evaluated in accordance with paragraphs 2.b(1) and (2) of
    this appendix.
     
    (5) Fixed price lump sum contracts. Category B and C records will
    not be audited. The contract amount will not be questioned unless
    the total compensation appears unreasonable when evaluated in
    accordance with appropriate portions of paragraphs A.2.b.(1) and
    (2) of this appendix.
     
    c. Under agreements covering both grant-eligible and ineligible work, access
    to records will be exercised to the extent necessary to allocate contract
    work or costs between work grant-eligible for construction grant
    assistance and work or costs which are ineligible.
     
    d. Under agreements utilizing two or more methods of compensation, each
    part of the agreement will be separately audited in accordance with the
    appropriate subparagraph of paragraph (b)(2) of this section.

     
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    e. Any audited firm and the grantee will be afforded opportunity for an audit
    exit conference and an opportunity to receive and comment upon the
    pertinent portions of each draft audit report. The final audit report will
    include the written comments, if any, of the audited parties in addition to
    those of the appropriate state agency(ies).

     
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    Section 360.APPENDIX C Required Provisions
    Consulting Engineering Agreements
    (Applicable To Consulting Engineering Agreements Entered Into After July 1, 1976)
      
     
    1. General
     
    (a) The grantee and the engineer agree that the following provisions shall
    apply to the work to be performed under this agreement and that such
    provisions shall supersede any conflicting provisions of this agreement.
     
    (b) This agreement is funded in part by a grant from the Illinois
    Environmental Protection Agency. Neither the State of Illinois nor the
    Illinois Environmental Protection Agency (hereinafter Agency) is a party
    to this agreement.
     
    2. Responsibility of the Engineer
     
    (a) The engineer shall be responsible for the professional quality, technical
    accuracy, timely completion, and the coordination of all designs,
    drawings, specifications, reports, and other services furnished by the
    engineer under this agreement. The engineer shall, without additional
    compensation, correct or revise any errors or deficiencies in his designs,
    drawings, specifications, reports and other services.
     
    (b) The engineer shall perform such professional services as may be necessary
    to accomplish the work required to be performed under this agreement, in
    accordance with this agreement and applicable Agency requirements.
     
    (c) Approval by the grantee or Agency of drawings, designs, specifications,
    reports, and incidental engineering work or materials furnished hereunder
    shall not in any way relieve the engineer of responsibility for the technical
    adequacy of the work. Neither the grantee's nor Agency's review,
    approval or acceptance of, nor payment for, any of the services shall be
    construed to operate as a waiver of any rights under this agreement or of
    any cause of action arising out of the performance of this agreement, and
    the engineer shall be and remain liable in accordance with applicable law
    for all damages to the grantee or Agency caused by the engineer's
    negligent performance of any of the services furnished under this
    agreement.
     
    (d) The rights and remedies of the grantee provided for under this agreement
    are in addition to any other rights and remedies provided by law.
     
    3. Scope of work. Except as may be otherwise specifically limited in this

     
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    agreement, the services to be rendered by the engineer shall include all services
    required to complete the task or step in accordance with applicable Agency
    regulations.
     
    4. Changes.
     
    (a) The grantee may, at any time, by written order, make changes within the
    general scope of this agreement in the services or work to be performed.
    If such changes cause an increase or decrease in the engineer's cost of, or
    time required for, performance of any services under this agreement,
    whether or not changed by any order, an equitable adjustment shall be
    made and this agreement shall be modified in writing accordingly. Any
    claim of the engineer for adjustment under this clause must be asserted in
    writing within 30 days from the date of receipt by the engineer of the
    notification of change unless the grantee grants a further period of time
    before the date of final payment under this agreement.
     
    (b) No services for which an additional compensation will be charged by the
    engineer shall be furnished without the written authorization of the
    grantee.
     
    5. Termination
     
    (a) This agreement may be terminated in whole or in part in writing by either
    party in the event of substantial failure by the other party to fulfill its
    obligations under this agreement through no fault of the terminating party;
    Provided, That no such termination may be effected unless the other party
    is given (1) not less than ten (10) days written notice (delivered by
    certified mail, return receipt requested) of intent to terminate and (2) and
    opportunity for consultation with the terminating party prior to
    termination.
     
    (b) This agreement may be terminated in whole or in part in writing by the
    grantee for its convenience: Provided, That no such termination may be
    effected unless the engineer is given (1) not less than ten (10) days written
    notice (delivered by certified mail, return receipt requested) of intent to
    terminate and (2) an opportunity for consultation with the terminating
    party prior to termination.
     
    (c) If termination for default is effected by the grantee, an equitable
    adjustment in the price provided for in this agreement shall be made, but
    (1) no amount shall be allowed for anticipated profit on unperformed
    services or other work, and (2) any payment due to the engineer at the

     
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    time of termination may be adjusted to the extent of any additional costs
    occasioned to the grantee by reason of the engineer's default. If
    termination for default is effected by the engineer, or if termination for
    convenience is effected by the grantee, the equitable adjustment shall
    include a reasonable profit for services or other work performed. The
    equitable adjustment for any termination shall provide for payment to the
    engineer for services rendered and expenses incurred prior to the
    termination, in addition to termination settlement costs reasonably
    incurred by the engineer relating to commitments which had become firm
    prior to the termination.
     
    (d) Upon receipt of a termination action pursuant to paragraphs (a) or (b)
    above, the engineer shall (1) promptly discontinue all services affected
    (unless the notice directs otherwise), and (2) deliver or otherwise make
    available to the grantee all data, drawings, specifications, reports,
    estimates, summaries, and such other information and materials as may
    have been accumulated by the engineer in performing this agreement,
    whether completed or in process.
     
    (e) Upon termination pursuant to paragraphs (a) or (b) above, the grantee may
    take over the work and prosecute the same to completion by agreement
    with another party or otherwise.
     
    (f) If, after termination for failure of the engineer to fulfill contractual
    obligations, it is determined that the engineer had not so failed, the
    termination shall be deemed to have been effected for the convenience of
    the grantee. In such event, adjustment of the price provided for in this
    agreement shall be made as provided in paragraph (c) of this clause.
     
    (g) The rights and remedies of the grantee and the engineer provided in this
    clause are in addition to any other rights and remedies provided by law or
    under this agreement.
     
    6. Remedies.
     
    (a) Except as may be otherwise provided in this agreement, or as the parties
    hereto may otherwise agree, all claims, counterclaims, disputes and other
    matters in question between the grantee and the engineer arising out of or
    relating to this agreement or the breach thereof will be decided by
    arbitration in accordance with the Construction Industry Arbitration Rules
    of the American Arbitration Association then obtaining, subject to the
    limitations stated in paragraphs (c) and (d) below. This agreement, and
    any other agreement or consent to arbitrate entered into in accordance

     
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    therewith as provided below, will be specifically enforceable under the
    prevailing law of any court having jurisdiction.
     
    (b) Notice of demand for arbitration must be filed in writing with the other
    party to this Agreement, with the Agency and with the American
    Arbitration Association. The demand must be made within a reasonable
    time after the claim, dispute or other matter in question has arisen. In no
    event may the demand for arbitration be made after the time when
    institution of legal or equitable proceedings based on such claim, dispute
    or other matter in question would be barred by the applicable statute of
    limitations.
     
    (c) All demands for arbitration and all answering statements thereto which
    include any monetary claim must contain a statement that the total sum or
    value in controversy as alleged by the party making such demand or
    answering statement is not more than $200,000 (exclusive of interest and
    costs). The arbitrators will not have jurisdiction, power or authority to
    consider, or make findings (except in denial of their own jurisdiction)
    concerning any claim, counterclaim, dispute or other matter in question
    where the amount in controversy thereof if more than $200,000 (exclusive
    of interest and costs) or to render a monetary award in response thereto
    against any party which totals more than $200,000 (exclusive of interest
    and costs).
     
    (d) No arbitration arising out of, or relating to, this agreement may include, by
    consolidation, joinder or in any other manner, any additional party not a
    party to this agreement.
     
    (e) By written consent signed by all the parties to this agreement and
    containing a specific reference hereto, the limitations and restrictions
    contained in paragraphs (c) and (d) above may be waived in whole or in
    part as to any claim, counterclaim, dispute or other matter specifically
    described in such consent. No consent to arbitration any other claim,
    counterclaim, dispute or other matter in question which is not specifically
    described in such consent or in which the sum or value in controversy
    exceeds $200,000 (exclusive of interest and costs) or which is with any
    party not specifically described therein.
     
    (f) The award rendered by the arbitrators will be final, not subject to appeal,
    and judgement may be entered upon it in any court having jurisdiction
    thereof.
     
    7. Payment

     
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    (a) The engineer may submit payment requests. Such requests shall be based
    upon the value of the work and services performed by the engineer under
    this agreement, and shall be prepared by the engineer and supplemented or
    accompanied by such supporting data as may be required by the grantee.
     
    (b) Upon approval of such payment request by the grantee, payment upon
    properly certified vouchers shall be made to the engineer as soon as
    practicable of ninety percent of the amount as determined above:
    Provided, however, that if the grantee determines that the work under this
    agreement or any specified task hereunder is substantially complete and
    that the amount of retained percentages is in excess of the amount
    considered by him to be adequate for the protection of the grantee, he may
    at his discretion release to the engineer such excess amount.
     
    (c) Upon satisfactory completion by the engineer of the work called for under
    the terms of this agreement, and upon acceptance of such work by the
    grantee, the engineer will be paid the unpaid balance of any money due for
    such work, including the retained percentages relating to this portion of
    the work.
     
    (d) Upon satisfactory completion of the work performed hereunder, and prior
    to final payment under this agreement for such work, or prior settlement
    upon termination of the agreement, and as a condition precedent thereto,
    the engineer shall execute and deliver to the grantee a release of all claims
    against the grantee arising under or by virtue of this agreement, other than
    such claims, if any, as may be specifically exempted by the engineer from
    the operation of the release in stated amounts to be set forth therein.
     
    8. Project Design.
     
    (a) In the performance of this agreement, the engineer shall, to the extent
    practicable, provide for maximum use of structures, machines, products,
    materials, construction methods, and equipment which are readily
    available through competitive procurement, or through standard or proven
    production techniques, methods and processes consistent with paragraphs
    (C), Competition, and (I) Specifications, of General Condition 21, General
    conditions for all subagreements, hereof.
     
    (b) The engineer shall not, in the performance of the work called for by this
    agreement, produce a design or specification such as to require the use of
    structures, machines, products, materials, construction methods,
    equipment, or processes which are known by the engineer to be available

     
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    only from a sole source, unless such use has been adequately justified in
    writing by the engineer as necessary for the minimum needs of the project.
     
    (c) The engineer shall not, in the performance of the work called for by this
    agreement, produce a design or specification which would be restrictive in
    violation of General Condition 21(I)(1), Nonrestrictive specifications. The
    aforementioned General Condition requires that no specification for bids
    or statement of work may be written in such a manner as to contain
    proprietary, exclusionary or discriminatory requirements other than those
    based upon performance, unless such requirements are necessary to test or
    demonstrate a specific thing, or to provide for necessary interchangeability
    of parts and equipment, or at least two brands names or trade of
    comparable quality and utility are listed and are followed by the words "or
    equal".
     
    (d) The engineer shall report to the grantee any sole-source or restrictive
    design or specification giving the reason or reasons why it is considered
    necessary to restrict the design or specification.
     
    9. Audit; access to records.
     
    (a) The engineer shall maintain books, records, documents and other evidence
    directly pertinent to performance on Agency grant work under this
    agreement in accordance with accepted professional practice, appropriate
    accounting procedures and practices, and General Conditions 3, Access,
    and 4, Audit and Records, hereof. The engineer shall also maintain the
    financial information and data used by the engineer in the preparation or
    support of the cost submission required pursuant to General Condition
    23(H)(2) for subagreements over $100,000 and a copy of the cost
    summary submitted to the grantee. The Agency or any of its duly
    authorized representatives shall have access to such books, records,
    documents and other evidence for the purpose of inspection, audit and
    copying. The engineer will provide proper facilities for such access and
    inspection.
     
    (b) The engineer agrees to include paragraphs (a) through (e) of this clause in
    all his contracts and all tier subcontracts directly related to project
    performance which are in excess of $10,000.
     
    (c) Audits conducted pursuant to this provision shall be in accordance with
    generally accepted auditing standards and established procedures and
    guidelines for the reviewing or audit agency(ies).
     

     
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    (d) The engineer agrees to the disclosure of all information and reports
    resulting from access to records pursuant to paragraphs (a) and (b) above,
    to any of the agencies referred to in paragraph (a) above. Where the audit
    concerns the engineer, the auditing agency will afford the engineer an
    opportunity for an audit exit conference and an opportunity to comment on
    the pertinent portions of the draft audit report. The final audit report will
    include the written comments, if any, of the audited parties.
     
    (e) Records under paragraphs (a) and (b) above shall be maintained and made
    available during performance on Agency grant work under this agreement
    and until three years from date of final Agency grant payment for the
    project. In addition, those records which relate to any "dispute" appeal
    under an Agency grant agreement, or litigation, or the settlement of claims
    arising out of such performance, or costs or items to which an audit
    exception has been taken, shall be maintained and made available until
    three years after the date of resolution of such appeal, litigation, claim or
    exception.
     
    10. Price reduction for defective cost or pricing data. (The provisions of this clause
    are required by the Agency only if the amount of this agreement exceeds
    $100,000. The grantee may elect to utilize this clause if the contract amount is
    $100,000 or less.)
     
    (a) If the Agency determines that any price, including profit negotiated in
    connection with this agreement or any cost reimbursable under this
    agreement was increased by any significant sums because the engineer or
    any subcontractor furnished incomplete or inaccurate cost or pricing data
    or data not current as certified in his certification of current cost or pricing
    data, then such price or cost or profit shall be reduced accordingly and the
    agreement shall be modified in writing to reflect such reduction.
     
    (b) Failure to agree on a reduction shall be subject to the "Remedies" clause
    of this agreement.
     
    (Note): "Since the agreement is subject to reduction under this clause by
    reason of defective cost or pricing data submitted in connection with
    certain subcontracts, the engineer may wish to include a clause in each
    such subcontract requiring the subcontractor to appropriately indemnify
    the engineer. It is also expected that any subcontractor subject to such
    indemnification will generally require substantially similar
    indemnification for defective cost or pricing data required to be submitted
    by his lower tier subcontractors.)
     

     
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    11. Subcontractors
     
    (a) Any subcontractors and outside associates or consultants required by the
    engineer in connection with the services covered by this agreement will be
    limited to such individuals or firms as were specifically identified and
    agreed to during negotiations, or as are specifically approved by the
    grantee during the performance of this agreement. Any substitution in
    such subcontractors, associates, or consultants will be subject to the prior
    approval of the grantee.
     
    (b) Except as otherwise provided in this agreement, the engineer may not
    subcontract services in excess of thirty percent (30%) of the contract price
    to subcontractors or consultants without prior written approval of the
    grantee.
     
    12. Equal employment opportunity. In accordance with the Agency policy as
    expressed in General Condition 25, the engineer agrees that he will not
    discriminate against any employee or applicant for employment because of race,
    religion, color, sex, age or national origin.
     
    13. Covenant against contingent fees. The engineer warrants that no person or selling
    agency has been employed or retained to solicit or secure this contract upon an
    agreement or understanding for a commission, percentage, brokerage, or
    contingent fee, excepting bonafide employees. For breach or violation of this
    warranty the grantee shall have the right to annul this agreement without liability
    or in its discretion to deduct from the contract price or consideration or otherwise
    recover, the full amount of such commission, percentage, brokerage, or contingent
    fee.
     
    14. Gratuities
     
    (a) The grantee may, by written notice to the engineer, terminate the right of
    the engineer to proceed under this agreement if it is found, after notice and
    hearing, by the grantee that gratuities (in the form of entertainment, gifts,
    or otherwise) were offered or given by the engineer, or any agent or
    representative of the engineer, to any official or employee of the grantee
    or of the Agency with a view toward securing a contract or securing
    favorable treatment with respect to the awarding or amending, or the
    making of any determination with respect to the performance of this
    agreement: Provided, That the existence of the facts upon which the
    grantee makes such findings shall be in issue and may be reviewed in
    proceedings pursuant to Clause 6 (Remedies) of this agreement.
     

     
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    (b) In the event this agreement is terminated as provided in paragraph (a)
    hereof, the grantee shall be entitled (1) to pursue the same remedies
    against the engineer as it could pursue in the event of a breach of the
    contract by the engineer, and (2) as a penalty in addition to any other
    damages to which it may be entitled by law, to exemplary damages in an
    amount (as determined by the grantee) which shall be not less than three
    nor more than ten times the costs incurred by the engineer in providing
    any such gratuities to any such officer or employee.
     
    (c) The rights and remedies of the grantee provided in this clause shall not be
    exclusive and are in addition to any rights and remedies provided by law
    or under this agreement.

     
    35 ILLINOIS ADMINISTRATIVE CODE CH. II, SEC. 360.App.d
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    Section 360.APPENDIX D Procedures for Determination of Indirect Costs and Indirect
    Cost Rates
      
     
    1. Definition:
     
    Indirect costs are those costs incurred for a common or joint purpose but
    benefiting more than one cost objective, and not readily identifiable to the cost
    objectives specifically benefited. The term indirect cost, as used herein, applies to
    costs of this type occurring in the grantee department (or other relevant
    organizational unit responsible for project performance), as well as those central
    service support costs incurred by other departments in supplying goods, services,
    and facilities to the grantee department when such cost can be assigned to the
    departmental indirect cost pool as a result of an approved cost allocation plan.
    2. General:
     
    (A) Indirect costs of the grantee shall be allowable in accordance with an
    indirect cost agreement incorporated in the grant agreement. Indirect cost
    rates and indirect costs as determined below shall be used in the grant
    agreement but shall be considered to be estimates; the final amount of
    eligible indirect costs will be based on audited actual costs.
     
    (B) Indirect cost rates are not retroactive and may not be changed during the
    period of the grant agreement.
     
    (C) No indirect costs are allowable for reimbursement grants.
     
    (D) The grantee must secure approval of the Agency of its proposed indirect
    cost rate in advance of its acceptance of a Step 3 grant.
     
    3. Grantees with Existing USEPA Construction Grants:
     
    (A) If the grantee has a current grant from the U.S. Environmental Protection
    Agency (USEPA) for construction of a sewage treatment works, the most
    recently established indirect cost rate in that grant will be used by the
    Agency, provided that:
     
    (1) the rate was approved by the lead federal agency; and
     
    (2) procedures established in Federal Management Circulars 73-6 and
    74-4 were followed in determining the rate; and
     
    (3) the indirect cost rate in the USEPA grant was negotiated in
    accordance with the requirements of 40 CFR 30.715-2.

     
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    (B) If the grantee has a current grant from USEPA for the construction of
    treatment works which shows a zero indirect cost rate or which specifies
    that there is not indirect cost rate, it is not eligible to establish an indirect
    cost rate for a state grant.
     
    (C) If the grantee is claiming prior cost involving force account work, the
    indirect cost associated with such work may be computed from an
    applicable USEPA construction grant made to the same grantee and in
    effect during the period of time in which the force account work was
    incurred.
     
    (D) To establish an indirect cost rate under this section, the Agency will
    require:
     
    (1) copies of all executed grants currently in effect between the
    grantee and USEPA, certified by the clerk or other appropriate
    official of the grantee;
     
    (2) a letter from an appropriate official of the grantee, authorizing
    representatives of the Agency to have access to the federal audit
    which served as the basis of the indirect cost rate in the USEPA
    grants.
     
    (E) If the grantee has more than one currently effective USEPA construction
    grant with differing indirect cost rates, the Agency will determine which
    of the federally approved indirect cost rates is most appropriate for use on
    the state grant project.
     
    4. Grantee without Existing USEPA Construction Grants:
     
    For grantees which do not have existing current USEPA construction grants,
    either of the following procedures may be used to establish an indirect cost rate:
     
    (A) A negotiated lump sum for overhead may be established, based on the
    grantee's submission of evidence of estimated charges to be incurred. The
    provisions of 40 CFR 30.715-2(b) will be used as guidance in establishing
    such a lump sum. Lump sum indirect costs negotiated under this
    provision may not exceed one percent of the total project cost.
     
    (B) A negotiated indirect cost rate may be established, in the manner described
    in 40 CFR 30.715-2(a), in accordance with either of the following
    procedures:

     
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    (1) For projects whose total estimated project cost is less than $10
    million, the grantee shall follow the Agency's criteria for use in
    determining eligibility of specific items used in establishing an
    indirect cost rate, submit the completed indirect cost rate
    determination to the Agency with substantiation, and provide a
    certification from an appropriate official of the grantee that the
    information submitted is, to the best of its knowledge, true and
    accurate. Under this section, total indirect costs may not exceed
    five percent of the total estimated project cost.
     
    (2) For projects with a total project cost of more than $10 million, the
    grantee may propose an indirect cost rate, with substantiation and
    justification, to the Agency. The Agency will review the submitted
    information in accordance with guidance provided by Federal
    Management Circulars 74-4 and 73-6 and procedures described in
    40 CFR 30-715-2(a).
     
    5. Disputes:
     
    The grantee will be notified of Agency approval or disapproval of a proposed
    indirect cost rate. If the Agency disapproves the proposed rate, its reasons for
    disapproval shall be stated, together with a more appropriate method of
    determination. If the grantee does not accept the Agency's determination of a
    more appropriate method, it may contest it pursuant to the provisions of General
    Condition 9, Disputes, of these general conditions.
     

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