Illinois Administrative Code
Title 35 - ENVIRONMENTAL PROTECTION
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 360.102 - Stop-Work Order

Universal Citation: 35 IL Admin Code § 360.102

Current through Register Vol. 48, No. 38, September 20, 2024

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 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.

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