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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 shall 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 /> g. 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 bonafide <br /> employees. For breach or violation of this warranty, the OWNER shall have the <br /> right to annul this AGREEMENT without liability or in its discretion to deduct from <br /> the contract price or consideration or otherwise recover, the full amount of such <br /> commission, percentage, brokerage or contingent fee. <br /> h. 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 <br /> planning, design and construction. <br /> BGM 01-038C Page 3 <br />