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EXHIBIT 3 <br /> construction subcontracts. <br /> Consultant shall ensure that the terms of this Agreement with the CITY are incorporated into all <br /> Subconsultant Agreements. The Consultant shall submit all Subconsultant Agreements to the <br /> CITY for review prior to the release of any funds to the subconsultant. The Consultant shall <br /> withhold funds to any subconsultant agency that fails to comply with the terms and conditions of <br /> this Agreement and their respective Subconsultant Agreement. <br /> (1) Recovered Materials <br /> Consultant shall make maximum use of products containing recovered materials <br /> that are EPA-designated items unless the product cannot be acquired competitively <br /> within a timeframe providing for compliance with the contract performance <br /> schedule; Meeting contract performance requirements; or at a reasonable price. <br /> Information about this requirement, along with the list of EPA-designated items, is <br /> available at EPA's Comprehensive Procurement Guidelines webpage: <br /> http s://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-pro gram. <br /> The Consultant also agrees to comply with all other applicable requirements of <br /> Section 6002 of the Solid Waste Disposal Act. <br /> (2) Domestic Preference for Procurements <br /> Consultant should, to the greatest extent practicable, provide a preference for the <br /> purchase,acquisition,or use of goods,products,or materials produced in the United <br /> States. This includes, but is not limited to iron, aluminum, steel, cement, and other <br /> manufactured products. <br /> For purposes of this clause: <br /> Produced in the Unified States means, for iron and steel products, that all <br /> manufacturing processes, from the initial melting stage through the application of <br /> coatings, occurred in the United States. <br /> Manufactured products mean items and construction materials composed in whole <br /> or in part of non-ferrous metals such as aluminum; plastics and polymer-based <br /> products such as polyvinyl chloride pipe; aggregates such as concrete; glass, <br /> including optical fiber; and lumber. <br /> W. Termination for Cause and Convenience--Should Consultant fail for any reason to comply <br /> with the contractual obligations of this agreement within the time specified by this Agreement,the <br /> CITY reserves the right to terminate the Agreement, reserving all rights under state and federal <br /> law. <br /> X. Contractual/Legal Remedies for Breach of Contract—Should Consultant fail for any reason <br />