R2004-159 ACCEPTING THE BID AND AUTHORIZING A CONTRACT

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� � . ♦ 1� � . g. Assist the OWNER with necessary permit applications to all governmental and other authorities having jurisdiction to approve portions of the PROJECT such as,but not limited to, the Illinois Environmental Protection Agency, Division of Water Resources, U.S. Army Corps of Engineers and railroads. h. Provide the OWNER with assistance in obtaining project financing utilizing a loan from the Illinois Public Water Supply Revolving Fund. i. The OWNER shall not incur any engineering costs associated with this PROJECT prior to the date of the "Notice to Proceed" issued to the ENGINEER by the OWNER. 2. Project Required Provisions a. The ENGINEER agrees to take affirmative steps to assure that small,minority,and women's business enterprises are utilized when possible as sources of supplies, equipment, construction, and services and to provide evidence that such steps were taken in accordance with Part 35.3145(d). We acknowledge that fair share percentages are 2% for MBE's and 11% for WBE's. b. The ENGINEER agrees to include paragraphs c. through e. of this clause in all his contracts and all tier subcontracts direc:ly 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 accordance 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 accardance 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 op- portunity for an audit exit conference and an opportunity 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 until3 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 until3 years after the date of resolution of such appeal, litigation, claim or exception. BGM 04-100 ?