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REV: 09-14-2022 VR
<br />EXHIBIT “B”
<br />REQUIRED FEDERAL CONTRACT PROVISIONS
<br />ACCESS TO RECORDS & RECORD RETENTION
<br />TT must provide Client, the State of California the FEMA Administrator, the Inspectors General, the Comptroller General of the United States, or any of their pass-through
<br />entities or authorized representatives access to any books, documents, papers, and records of TT and its subcontractors which are directly pertinent to this contract/project
<br />for the purposes of making/responding to audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to TT’s personnel for the
<br />purpose of interview and discussion related to such documents. TT must maintain all records pertaining to the project for seven (7) years after receiving final payment
<br />and after all other pending matters have been closed.
<br />BYRD ANTI-LOBBYING AGREEMENT
<br />Pursuant to 31 U.S.C.A. § 1352 (2003), if at any time during the contract term funding to contract exceeds $100,000.00, TT shall file with the Client the Federal Standard
<br />Form LLL titled “Disclosure Form to Report Lobbying.”
<br />Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence
<br />an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining
<br />any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection
<br />with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-federal award.
<br />CLEAN AIR ACT
<br />If at any time during the contract term funding to contract exceeds $150,000, TT must comply with all provisions of the Clean Air Act (42 U.S.C. 85) and Section 308 of
<br />the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended. TTs securing a contract in excess of $150,000.00 shall not expend such funds by making use
<br />of subcontracting with facilities included on the Environmental Protection Agency List of Violating Facilities as per Section 306 of the Clean Air Act, Section 508 of The
<br />Clean Water Act, Executive Order 11738, and Environmental Protection Agency Regulations 40 CFR.
<br />For any subcontractors under this contract receiving contracts in excess of $150,000 TT is required to include a provision that requires compliance with all applicable
<br />standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 85) and Section 308 Federal Water Pollution Control Act as amended (33 U.S.C.
<br />1251-1387). Violations shall be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
<br />CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
<br />If at any time during the contract term funding to contract exceeds $100,000, TT must comply with the Contract Work Hours and Safety Standards Act (40 U.S.C.
<br />3701-3708). Where applicable, all contracts awarded in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance
<br />with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required
<br />to compute the wages of every mechanic and laborer on the basis of a standard workweek of 40 hours. Work in excess of the standard workweek is permissible provided
<br />that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the workweek. The
<br />requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working
<br />conditions, which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the
<br />open market, or contracts for transportation or transmission of intelligence.
<br />(1) Overtime Requirements – No TT or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or
<br />mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours
<br />in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours
<br />worked in excess of forty hours in such workweek.
<br />(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section TT and any
<br />subcontractor responsible therefore shall be liable for the unpaid wages. In addition, TT and subcontractor shall be liable to the United States (in the case of
<br />work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages
<br />shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in
<br />paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard
<br />workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section.
<br />(3) Withholding for unpaid wages and liquidated damages. The Client shall upon its own action or upon written request of an authorized representative of the
<br />Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by TT or subcontractors under any such
<br />contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety
<br />Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of TT or subcontractor for
<br />unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section.
<br />(4) Subcontracts. TT or subcontractors shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the
<br />subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier
<br />subcontractor with the clauses set forth in paragraphs (1) through (4) of this section.
<br />COPELAND “ANTI-KICKBACK” ACT (40 U.S.C. 3145)
<br />TT must comply with the provisions of the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3,
<br />“Contractors and subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each
<br />vendor, contractor, subcontractor, or subrecipient shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public
<br />work, to give up any part of the compensation to which he or she is otherwise entitled. TT shall include this provision in all contracts between itself and any subcontractors
<br />in connection with the services performed under this Contract. Client shall report all suspected or reported violations to the Federal awarding agency.
<br />ATTY/AGR.2022.320/Tetra Tech (Emergency Management) (Page 13 of 17)
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