R2022-176 Resolution Authorizing a Professional Engineering Services Agreement with AECOM Technical Services, Inc. to Provide Final Services for the Oakland and Grand Area Sewer Separation Project, City Project 2021-01

Home Browse Search

IEPA SRF Loan Project Special Conditions a) The ENGINEER agrees to take affirmative steps to assure that disadvantaged business enterprises are utilized when possible as sources of supplies, equipment, construction, and services in accordance with the Water Pollution Control Loan Program rules. As required by the award conditions of USEPA's Assistance Agreement with IEPA the ENGINEER acknowledges that the fair share percentages are 5% for MBE's and 12% for WBE's. b) The ENGINEER agrees to include paragraphs c. through e. of this clause in all his contracts and all tier subcontracts directly related to project performance which are in excess of $25,000. c) The ENGINEER agrees to maintain books, records, documents and other evidence directly pertinent to performance of IEPA loan work under this AGREEMENT consistent with generally accepted accounting standards in accordance with the American Institute of Certified Public Accountants Professional Standards (666 Fifth Avenue, New York, NY 10019; June 1, 1987). The IEPA 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 facilities for such access and inspection. Audits conducted pursuant to this provision shall be in accordance with generally accepted auditing standards. d) The ENGINEER agrees to the disclosure of all information and reports resulting from access to records pursuant to subsection c. above, to the TEPA. 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 subsection c. above shall be maintained and made available during performance on IEPA loan work under this AGREEMENT and until 3 years from date of final I EPA loan audit for the project. In addition, those records which relate to any "dispute" appeal under an IEPA loan agreement, or litigation, or the settlement of claims arising out of such performance, costs or items to which an audit exception has been taken, shall be maintained and made available until 3 years after the date of resolution of such appeal, litigation, claim or exception. f) 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 bona fide employees. For breach or violation of this warranty, the OWNER 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. g) The ENGINEER certifies that the services of anyone that has been debarred or suspended under federal Executive Order 12549 has not or will not be used for planning, design and construction. h) The ENGINEER shall not discriminate on the basis of race, color, national origin or sex in the performance of this contract. The engineer shall carry out applicable requirements of 40 CFR Part 33 in the award and administration of contracts awarded under EPA financial assistance agreements. Failure by the engineer to carry out these requirements is a material breach of this contract which may result in the termination of this contract or other legally available remedies. 7of8