R2016-15 PROFESSIONAL ENGINEERING SERVICES AGREEMENT SWTP CLARIFIERS

Home Browse Search

� � t ��r EXHIBIT J STATE REVOLVING FUND LOAN PROVISIONS 1. Audit and Access to Records a) Books, records, documents and other evidence directly pertinent to performance of PWSLP/WPCLP loan work under this AGREEMENT shall be maintained in accordance with generally accepted Accounting Principles. The Agency or any of its authorized representatives shall have access to the books, records, documents and other evidence for the purpose of inspection, audit and copying. Facilities shall be provided for access and inspection. b) Audits conducted pursuant to this provision shall be in accordance with auditing standards generally accepted in the United States of America. c) All information and reports resulting from access to records pursuant to the above shall be disclosed to the Agency. The auditing agency shall afford the ENGINEER an opportunity for an audit exit conference and an opportunity to comment on the pertinent portions of the draft audit report. d) The final audit report shall include the written comments, if any, of the audited parties. e) Records shall be maintained and made available during performance of project services under this AGREEMENT and for three years after the final loan closing. In addition, those records that relate to any dispute pursuant to the Loan Rules Section 365/662.650 (Disputes) or litigation or the settlement of claims arising out of project performance or costs or items to which an audit exception has been taken, shall be maintained and made available for three years after the resolution of the appeal, litigation, claim or exception. 2. Covenant Against Fees 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 loan recipient 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 continent fee. 3. Certification Regarding Debarment, Suspension and Other Responsibility Matters The prospective participant certifies to the best of its knowledge and belief that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; (b) Have not within a three year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State J-1