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REV: 11-07-23 SK <br />i. Competitively within a timeframe providing for compliance with the <br />Agreement performance schedule; <br />ii. Meeting Agreement performance requirements; or <br />iii. At a reasonable price. <br />b. Information about this requirement, along with the list of EPA-designated items, <br />is available at EPA’s Comprehensive Procurement Guidelines web site: <br />https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program <br />c. Contractor also agrees to comply with all other applicable requirements of Section <br />6002 of the Solid Waste Disposal Act. <br />11. Time and Material Contracts. To the extent this Agreement includes work that is paid <br />on a time and material basis, such work must have a guaranteed maximum price <br />(GMP). The GMP is set forth in the body of this Agreement. The GMP constitutes a <br />ceiling price that Consultant exceeds at its own risk. <br />12. Bonding Requirements. To the extent this Agreement is a contract for construction <br />or facility improvement, Consultant agrees as follows: <br />a. Consultant provided with its bid for this Agreement a bid guarantee of no less than <br />5% of the bid price, or greater if otherwise required in this Agreement or the City <br />Code. <br />b. Consultant has obtained a performance bond in favor of the City, securing <br />fulfillment of all its obligations under the Agreement, in an amount no less than <br />100% of the Agreement price. <br />c. Consultant has obtained a payment bond, assuring payment as required by law to <br />all persons supplying labor and material in the execution of the work provided for <br />in the Agreement, in an amount no less than 100% of the Agreement price. <br />13. Access to Records. The following access to records requirements applies to this <br />Agreement: <br />a. Consultant agrees to provide City, the FEMA Administrator, the Comptroller <br />General of the United States, or any of their authorized representatives, access to <br />any books, documents, papers, and records of Consultant, which are directly <br />pertinent to this Agreement for the purposes of making audits, examinations, <br />excerpts, and transcriptions. <br />b. Consultant agrees to permit any of the foregoing parties to reproduce by any <br />means whatsoever or to copy excerpts and transcriptions as reasonably needed. <br />ATTY/AGR.2023.241/BKF Engineers (Price Tract Pump Station Design) (Page 52 of 54)