R2026-85 Resolution Authorizing a Professional Engineering Services Agreement with CDM Smith, Inc. to Provide Construction Services for the Galvanized Water Service Line Replacement, City Project 2025-20

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Exhibit A.2 — Required Contract Language from Illinois Environmental Protection Agency (IEPA) for State Revolving Fund (SRF) Loan Eligibility The IEPA has established the following special provisions and/or other considerations or { requirements in respect of the Assignment: 1.0 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 IEPA's Loan Rules.As required by the award conditions of the United States Environmental Protection Agency's(USEPA's)Assistance Agreement with IEPA,the ENGINEER acknowledges and shall attempt to achieve the goals of 5%for MBEs and 12%forWBEs. 2.0 The ENGINEER shall not discriminate on the basis of race,color,national origin or sex in the performance of this Agreement.The ENGINEER shall make positive efforts to carry out applicable requirements of 40 CFR Part 33 in the award and administration of contracts awarded under IEPA's financial assistance agreement. Failure by the ENGINEER to carry out these requirements is a material breach of this Agreement which may result in the termination of this Agreement or other legally available remedies. 3.0 The ENGINEER shall maintain and require its sub-consultants to maintain,books,records documents and other evidence directly pertinent to performance of IEPA's Public Water Supply Loan Program (PWSLP).Loan work under the Agreement shall be maintained in accordance with Generally Accepted Accounting Principles. IEPA or any of its authorized representatives shall have access to the books,records,documents and other evidence for the purpose of inspection, audit and copying.Facilities shall be provided for access and inspection.Audits conducted pursuant to this provision shall be in accordance with auditing standards generally accepted in the United States of America.All information and reports from access to records pursuant to this paragraph shall be disclosed to the Agency.The auditing agency shall afford the ENGINEER or sub-consultants an exit conference and the opportunity to comment on the pertinent portions of the draft audit report.The final audit report shall include the written comments,if any,of the auditied parties.Records pursuant to this paragraph shall be maintained and made available during performance of Project services under this Agreement and for three(3)years after the final loan closing.In addition,those records that relate to any dispute pursuant to Section 662.650 (Disputes) of this Subpart or litigation or the settlement of claims arising out of Project performance or costs or items to which an audit exception has been taken,shall be maintained and made available for three (3)years after the resolution of the appeal,litigation claim or exception. 4.0 The ENGINEER and sub-consultants warrant that no person or selling agency has been employed or retained to solicit or secure the engineering services covered by the Agreement fora Smith 1-1