R2023-95 Resolution Authorizing a Professional Engineering Services Agreement with Crawford, Murphy and Tilly, Inc. to Provide Final Design Engineering Services for the South Water Treatment Plant Electrical Improvements Project, City Project 2022-18

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EXHIBIT J STATE REVOLVING FUND LOAN RELATED CONTRACT PROVISIONS 1. Small and Minority Firms and Women's Business Enterprises: 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 Public Water Supply loan rules. As required by the award conditions of USEPA's Assistance Agreement with the IEPA, the ENGINEER acknowledges that the fair share percentages are 5% for MBE's and 12% for WBE's. 2. Records and Audits: The ENGINEER shall maintain books, records, documents and other evidence directly pertinent to performance of Public Water Supply Loan Program 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, New York 10019; June 1, 1987). The Illinois Environmental Protection Agency(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 in the United States of America. 3. Disclosure of Information: The ENGINEER agrees to the disclosure of all information and reports resulting from access to records pursuant to Item 2 above, to the IEPA. 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. 4. Maintaining Records: Records under Item 2 above shall be maintained and made available during performance on IEPA loan work under this Agreement and until three years from date of final loan audit for the Project. In addition, those records which relate to any"dispute" pursuant to the Loan Rules Section 662.650(Disputes)or litigation, or the settlement of claims arising of such performance, 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. 5. 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 loan recipient 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. 6. Disbarment Under Federal Executive Order 12549: The ENGINEER certifies that the services of anyone debarred or suspended under Federal Executive Order 12549 has not or will not be used for design. EPA Form 5700-49 is completed and attached. 7. Nondiscrimination Clause: The ENGINEER shall not discriminate on the basis of race, color, national origin or sex in the performance of this AGREEMENT. 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 AGREEMENT or other legally available remedies. 8. Construction Contract Completion Date: This AGREEMENT will end ninety(90) days from the construction completion date.