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REV: 07-08-25 VR <br />C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified <br />(defined at 2 C.F.R. § 180.935). <br />b. The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, <br />subpart C, and must include a requirement to comply with these regulations in <br />any lower tier covered transaction it enters into. <br />c. This certification is a material representation of fact relied upon by the City. If it is <br />later determined that the Contractor did not comply with 2 C.F.R. pt. 180, subpart <br />C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the City, the <br />Federal Government may pursue available remedies, including but not limited to <br />suspension and/or debarment. <br />d. The Contractor agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart <br />C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the <br />period of any Agreement that may arise from this offer. The Contractor further <br />agrees to include a provision requiring such compliance in its lower tier covered <br />transactions. <br />11. Procurement of Recovered Materials. <br />a. In the performance of this Agreement, the Contractor shall make maximum use of <br />products containing recovered materials that are EPA-designated items unless the <br />product cannot be acquired: <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. The Contractor also agrees to comply with all other applicable requirements of <br />Section 6002 of the Solid Waste Disposal Act. <br />12. 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 Contractor exceeds at its own risk. <br />13. Bonding Requirements. To the extent this Agreement is a contract for construction <br />or facility improvement, Contractor agrees as follows: <br />ATTY/AGR.2025.172/Schaaf and Wheeler Consulting Civil Engineers (Redwood Shores Sea Level Rise Protection) (Page 30 of 36)