R2005-12 APPROVING AGREEMENT AMENDMENT

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b. The ENGINEER agrees to include paragraphs c. through e. of this clause in all his contracts and all tier subcontracts directly related to project performance which are in excess of$25,000. c. The ENGINEER agrees to maintain books, records, documents and other evidence directly pertinent to performance of IEPA loan work under this AGREEMENT consistent with generally accepted accounting standards in accardance with the American Institute of Certified Public Accountants Professional Standards (666 Fifth Avenue, New York, NY 10019; June 1, 1987). The 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. d. The ENGINEER agrees to the disclosure of all information and reports resulting from access to records pursuant to subsection c.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 op- portunity 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. e. Records under subsection c. above shall be maintained and made available during performance on IEPA loan work under this AGREEMENT and until 3 years from date of final IEPA loan audit for the project. In addition, those records which relate to any "dispute" appeal under an IEPA loan agreement, or litigation, or the settlement of claims arising out of such performance, costs or items to which an audit exception has been taken, shall be maintained and made available until 3 years after the date of resolution of such appeal, litigation, claim or exception. f. 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 OWNER 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. g. The ENGINEER certifies that the services of anyone that has been debarred or suspended under federal Executive Order 12549 has not or will not be used for planning, design and construction. BGM O1-038 (Rev 1/OS/OS)