# 35 Ill. Adm. Code 663.630: Section 663.630 Contracts for Personal and Professional Services

> Illinois · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T35_P663_S663_630

## Section

- **Citation:** 35 Ill. Adm. Code 663.630
- **Heading:** Section 663.630 Contracts for Personal and Professional Services
- **Jurisdiction:** Illinois
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Illinois Administrative Code / Title 35 ENVIRONMENTAL PROTECTION / CHAPTER II: ENVIRONMENTAL PROTECTION AGENCY / Part 663 PROCEDURES FOR ISSUING LOANS FROM THE PUBLIC WATER SUPPLY LOAN PROGRAM TO PROVIDE FUNDING FOR LEAD SERVICE LINE REPLACEMENT / Section 663.630 Contracts for Personal and Professional Services

## Text

Section 663.630  Contracts for Personal and Professional
Services
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
PWSLP 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
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 663.650 (Disputes), litigation, 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 3 years after the resolution
of the appeal, litigation, claim, or exception.
3)         A
covenant against contingent fees clause in accordance with 48 CFR 52.203.5:
"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 bona fide
employees
al, litigation, claim, or exception.
3)         A
covenant against contingent fees clause in accordance with 48 CFR 52.203.5:
"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 bona fide
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 required by 40
CFR 33.106:
"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 PWSLP. 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."
b)         Subagreements
for personal and professional design services shall include the subagreement
provisions contained in subsections (a)(2) through (a)(4). In addition, the
subagreements shall be accompanied by a statement regarding the use of
disadvantaged business enterprises during the design service phase.
c)
Amendments
rmination of this contract or other legally
available remedies."
b)         Subagreements
for personal and professional design services shall include the subagreement
provisions contained in subsections (a)(2) through (a)(4). In addition, the
subagreements shall be accompanied by a statement regarding the use of
disadvantaged business enterprises during the design service phase.
c)
Amendments.  When the loan recipient authorizes a change
that would add, delete, or revise the work within the general scope of the
contract documents, or authorizes an adjustment in the contract price or
contract time, the loan recipient shall submit one copy of the fully executed
contract amendment signed by the loan recipient and the professional services
provider. Failure to give timely notice of contract amendments may result in
disallowance of loan participation for costs incurred that are attributable to
the change
.

## Nearby sections

- [35 Ill. Adm. Code 663.610 Section 663.610  Requirements for Subagreements](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T35_P663_S663_610.md)
- [35 Ill. Adm. Code 663.620 Section 663.620  Construction Contracts](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T35_P663_S663_620.md)
- [35 Ill. Adm. Code 663.630 Section 663.630  Contracts for Personal and Professional Services](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T35_P663_S663_630.md)
- [35 Ill. Adm. Code 663.640 Section 663.640  Compliance with Procurement Requirements for Construction Contracts](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T35_P663_S663_640.md)
- [35 Ill. Adm. Code 663.650 Section 663.650  Disputes](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T35_P663_S663_650.md)
- [35 Ill. Adm. Code 663.660 Section 663.660  Indemnity](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T35_P663_S663_660.md)
- [35 Ill. Adm. Code 663.670 Section 663.670  Covenant Against Contingent Fees](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T35_P663_S663_670.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T35_P663_S663_630. Check the current official text before relying on it. Not legal advice.
