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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 United 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 />