Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 365 - PROCEDURES FOR ISSUING LOANS FROM THE WATER POLLUTION CONTROL LOAN PROGRAM › Subpart F - REQUIREMENTS APPLICABLE TO SUBAGREEMENTS › Section 365.630 - Contracts for Personal and Professional Services

Current through Register Vol. 48, No. 28, July 12, 2024
All subagreements for personal and professional services for
				  design or construction expected to exceed $25,000 in the aggregate shall
				  include the following subagreement provisions.
a) Subagreements for personal and
				professional construction services shall include:
1) Evidence that affirmative steps have been
				taken in accordance with 40 CFR 33 to assure that disadvantaged business
				enterprises are used when possible as sources of supplies, equipment,
				construction, and services consistent with the provisions of the Agency's
				Operating Agreement with USEPA.
2)
				An audit and access to records clause that provides as follows:
A) Subsections (a)(2)(B) through (E) shall be
				included in all contracts and all subcontracts directly related to project
				services that are in excess of $25,000.
B) Books, records, documents, and other
				evidence directly pertinent to performance of 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.
C) Audits conducted
				pursuant to this provision shall be in accordance with auditing standards
				generally accepted in the United States.
D) All information and reports resulting from
				access to records pursuant to subsection (a)(2)(B) 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. The final audit report shall include the written
				comments, if any, of the audited parties.
E) Records under subsection (a)(2)(B) shall
				be maintained and made available during performance of project services under
				this agreement and for 3 years after the final loan closing. In addition, those
				records that relate to any dispute pursuant to Section 365.650 (Disputes),
				litigation, the settlement of claims arising out of project performance, costs
				or items to which an audit exception has been taken shall be maintained and
				made available for 3 years after the resolution of the appeal, litigation,
				claim or exception.
3) A
				covenant against contingent fees clause as follows:
"The professional services contractor 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 to deduct from the contract price or
				  consideration, or otherwise recover, the full amount of the commission,
				  percentage, brokerage or contingent fee."
4) A Certification Regarding Debarment,
				Suspension, and Other Responsibility Matters (EPA Form 5700-49) showing
				compliance with federal Executive Order 12549.
5) A description of the scope and extent of
				the project work.
6) The schedule
				for performance and completion of the contract work including, when
				appropriate, dates for completion of significant project tasks.
7) A method of compensation.
8) A clause as follows:
"No contractor or subcontractor shall discriminate on the
				  basis of race, color, national origin or sex in the performance of this
				  contract. The contractor or subcontractor shall carry out applicable
				  requirements of 40 CFR Part 33 in the award and administration of contracts
				  awarded under the WPCLP. Failure by the contractor or subcontractor to carry
				  out these requirements is a material breach of this contract which may result
				  in the termination of this contract or other legally available
				  remedies."