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05
City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2023
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062023
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6/14/2023 3:38:17 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
6/20/2023
DESTRUCT DATE
15Y
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forth in paragraph (b)(1) of this section the consultant and any subconsultant responsible therefore <br /> shall be liable for the unpaid wages. In addition, such consultant and subconsultant shall be liable to <br /> the United States (in the case of work done under contract for the District of Columbia or a territory, to <br /> such District or to such territory), for liquidated damages. Such liquidated damages shall be computed <br /> with respect to each individual laborer or mechanic, including watchmen and guards, employed in <br /> violation of the clause set forth in paragraph (b)(1) of this section, in the sum of$27 for each calendar <br /> day on which such individual was required or permitted to work in excess of the standard workweek of <br /> forty hours without payment of the overtime wages required by the clause set forth in paragraph (b)(1) <br /> of this section. <br /> c. Withholding for unpaid wages and liquidated damages. City shall upon its own action or upon written <br /> request of an authorized representative of the Department of Labor withhold or cause to be withheld, <br /> from any moneys payable on account of work performed by the consultant or subconsultant under <br /> any such contract or any other Federal contract with the same prime consultant, or any other <br /> federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is <br /> held by the same prime consultant, such sums as may be determined to be necessary to satisfy any <br /> liabilities of such consultant or subconsultant for unpaid wages and liquidated damages as provided <br /> in the clause set forth in paragraph (b)(2) of this section. <br /> d. Subcontracts. The consultant or subconsultant shall insert in any subcontracts the clauses set forth in <br /> paragraph (b)(1)through (4) of this section and also a clause requiring the subconsultants to include <br /> these clauses in any lower tier subcontracts. The prime consultant shall be responsible for compliance <br /> by any subconsultant or lower tier subconsultant with the clauses set forth in paragraphs (b)(1) <br /> through <br /> (4)of this section. <br /> ix DEPARTMENT OF HOMELAND SECURITY SEAL, LOGOS, FLAGS <br /> Consultant must not use the Department of Homeland Security (DHS) seal(s), logos, crests, or <br /> reproductions of f lags or likenesses of DHS agency officials without specific pre-approval by <br /> FEMA. <br /> X. ACCESS TO RECORDS <br /> The following access to records requirements apply to this contract: <br /> a. Consultant agrees to provide the City, the FEMA administrator, Caltrans, the Comptroller <br /> General of the United States, or any of their authorized representative access to any books, <br /> documents, papers, and records of Consultant which are directly pertinent to the Contract for <br /> the purposes of making audits, examinations, excerpts and transcriptions. <br /> b. Consultant agrees to permit any of the foregoing parties to reproduce by any means <br /> whatsoever or to copy excerpts and transcriptions as reasonably needed. <br /> c. Consultant agrees to provide the FEMA Administrator and/or Caltrans Administrator or his <br /> authorized representatives access to construction or other work sites pertaining to the work <br /> being completed under the Contract. <br /> d. In compliance with the Disaster Recovery Act of 2018, the City and Consultant acknowledge <br /> and agree that no language in the Contract is intended to prohibit audits or internal reviews <br /> by the FEMA Administrator or the Comptroller General of the United States. <br /> XI. NO OBLIGATION BY FEDERAL GOVERNMENT <br /> a. The Federal Government is not a party to the Contract or this Exhibit and is not subject to any <br /> obligations or liabilities to City, consultant or any other party pertaining to any matter resulting <br /> from the contract. <br /> Page 3 of 11 <br /> Federal and State <br /> Provisions Exhibit B <br />
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