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3. Required Provisions <br /> a. The ENGINEER agrees to take affirmative steps to assure that disadvantaged <br /> business enterprises are utilized when possible as sources of supplies, equipment, <br /> construction, and services in accordance with the Clean Water Loan Program rules. <br /> As required by the award conditions of USEPA's Assistance Agreement with IEPA. <br /> The ENGINEER acknowledges that the fair share percentages are 5% for MBEs <br /> and 12% for WBEs. <br /> b. The ENGINEER shall not discriminate on the basis of race, color, national origin or <br /> sex in the performance of this contract. The engineer sha11 carry out applicable <br /> requirements of 40 CFR Part 33 in the award and administration of contracts <br /> awarded under EPA financial assistance agreements. Failure by the engineer to carry <br /> out these requirements is a material breach of the contract which may result in the <br /> termination of this contract or other legally available remedies. <br /> c. 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 <br /> in excess of$25,000. <br /> d. The ENGINEER agrees to maintain books, records, documents and other evidence <br /> 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 <br /> authorized representatives shall have access to such books, records, documents and <br /> other evidence for the purpose of inspection, audit and copying. The ENGINEER <br /> will provide facilities for such access and inspection. Audits conducted pursuant to <br /> this provision shall be in accordance with generally accepted auditing standards. <br /> e. The ENGINEER agrees to the disclosure of all information and reports resulting <br /> from access to records pursuant to subsection c. above, to the IEPA. Where the audit <br /> concerns the ENGINEER, the auditing agency will afford the ENGINEER an <br /> opportunity for an audit exit conference and an opportunity to comment on the <br /> pertinent portions of the draft audit report. The final audit report will include the <br /> written comments, if any, of the audited parties. <br /> f. 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 <br /> date of final IEPA loan audit for the project. In addition, those records which relate <br /> to any "dispute" appeal under an IEPA loan agreement, or litigation, or the <br /> settlement of claims arising out of such performance, costs or items to which an audit <br /> exception has been taken, shall be maintained and made available until 3 years after <br /> the date of resolution of such appeal, litigation, claim or exception. <br /> BGM 04-100C Page 3 <br />