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equipment, construction, and services in accordance with the Water Pollution Control <br /> Loan Program rules. As required by the award conditions of USEPA's Assistance <br /> Agreement with IEPA the CONSULTING ENGINEER acknowledges that the fair share <br /> percentages are 5%for MBE's and 12%for WBE's. <br /> b. The CONSULTING ENGINEER agrees to include paragraphs c. through e. of this clause in <br /> all his contracts and all tier subcontracts directly related to project performance which <br /> are in excess of$25,000. <br /> C. The CONSULTING ENGINEER agrees to maintain books, records, documents and other <br /> evidence directly pertinent to performance of IEPA loan work under this AGREEMENT <br /> consistent with generally accepted accounting standards in accordance with the <br /> American Institute of Certified Public Accountants Professional Standards (666 Fifth <br /> Avenue, New York, NY 10019; June 1, 1987). The IEPA or any of its duly authorized <br /> representatives shall have access to such books, records, documents and other evidence <br /> for the purpose of inspection, audit and copying. The CONSULTING ENGINEER will <br /> provide facilities for such access and inspection. Audits conducted pursuant to this <br /> provision shall be in accordance with generally accepted auditing standards. <br /> d. The CONSULTING ENGINEER agrees to the disclosure of all information and reports <br /> resulting from access to records pursuant to subsection c. above, to the IEPA. Where <br /> the audit concerns the CONSULTING ENGINEER, the auditing agency will afford the <br /> CONSULTING ENGINEER an opportunity for an audit exit conference and an opportunity <br /> to comment on the pertinent portions of the draft audit report. The final audit report <br /> will include the written comments, if any, of the audited parties. <br /> e. Records under subsection c. above shall be maintained and made available during <br /> performance on IEPA loan work under this AGREEMENT and until 3 years from date of <br /> final IEPA loan audit for the project. In addition, those records which relate to any <br /> "dispute" appeal under an IEPA loan agreement, or litigation, or the settlement of <br /> claims arising out of such performance, costs or items to which an audit exception has <br /> been taken, shall be maintained and made available until 3 years after the date of <br /> resolution of such appeal, litigation, claim or exception. <br /> f. The CONSULTING ENGINEER warrants that no person or selling agency has been <br /> employed or retained to solicit or secure this contract upon an agreement or <br /> understanding for a commission, percentage, brokerage, or contingent fee, excepting <br /> bona fide employees. For breach or violation of this warranty, the CITY shall have the <br /> right to annul this AGREEMENT without liability or in its discretion to deduct from the <br /> contract price or consideration or otherwise recover the full amount of such <br /> commission, percentage, brokerage or contingent fee. <br /> g. The CONSULTING ENGINEER certifies that the services of anyone that has been <br /> debarred or suspended under federal Executive Order 12549 has not or will not be used <br /> for planning, design and construction. <br /> h. The CONSULTING ENGINEER shall not discriminate on the basis of race, color, national <br /> origin or sex in the performance of this contract. The engineer shall carry out applicable <br /> requirements of 40 CFR Part 33 in the award and administration of contracts awarded <br /> under EPA financial assistance agreements. Failure by the engineer to carry out these <br /> Last Revised:04/29/2015 <br />