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Exhibit A <br /> and services in accordance with the Water Pollution Control Loan Program rules.As <br /> required by the award conditions of USEPA's Assistance Agreement with IEPA the <br /> ENGINEER acknowledges that the fair share percentages are 5% for MBE's and 12%for <br /> WBE's. <br /> b. The ENGINEER agrees to include paragraphs c. through e. of this clause in all his <br /> contracts and all tier subcontracts directly related to project performance which are in <br /> excess of$25,000. <br /> C. The ENGINEER agrees to maintain books, records, documents and other evidence <br /> directly pertinent to performance of TEPA loan work under this AGREEMENT <br /> consistent with generally accepted accounting standards in accordance with the American <br /> Institute of Certified Public Accountants Professional Standards(666 Fifth Avenue,New <br /> York,NY 10019; June 1, 1987). The IEPA or any of its duly authorized representatives <br /> shall have access to such books,records, documents and other evidence for the purpose <br /> of inspection, audit and copying. The ENGINEER will provide facilities for such access <br /> and inspection. Audits conducted pursuant to this provision shall be in accordance with <br /> generally accepted auditing standards. <br /> d. The ENGINEER agrees to the disclosure of all information and reports resulting from <br /> access to records pursuant to subsection c. above,to the IEPA. Where the audit concerns <br /> the ENGINEER,the auditing agency will afford the ENGINEER an opportunity for an <br /> audit exit conference and an opportunity to comment on the pertinent portions of the draft <br /> audit report. The final audit report will include the written comments,if any, of the <br /> 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 <br /> of final TEPA 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 claims <br /> arising out of such performance, costs or items to which an audit exception has been <br /> taken, shall be maintained and made available until 3 years after the date of resolution of <br /> such appeal,litigation,claim or exception. <br /> f. The ENGINEER warrants that no person or selling agency has been employed or <br /> retained to solicit or secure this contract upon an agreement or understanding for a <br /> commission,percentage,brokerage,or contingent fee,excepting bona fide employees. <br /> For breach or violation of this warranty,the OWNER shall have the right to annul this <br /> AGREEMENT without liability or in its discretion to deduct from the contract price or <br /> consideration or otherwise recover the full amount of such commission,percentage, <br /> brokerage or contingent fee. <br /> g. The ENGINEER certifies that the services of anyone that has been debarred or <br /> suspended under federal Executive Order 12549 has not or will not be used for planning, <br /> design and construction. <br /> h. The ENGINEER shall not discriminate on the basis of race, color,national origin or sex <br /> in the performance of this contract. The engineer shall carry out applicable requirements <br /> of 40 CFR Part 33 in the award and administration of contracts awarded under EPA <br /> financial assistance agreements. Failure by the engineer to carry out these requirements <br /> is a material breach of this contract which may result in the termination of this contract or <br /> other legally available remedies. <br /> A-2 <br />