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REV: 07-08-25 VR <br />under the program with respect to which the failure or refund occurred until <br />satisfactory assurance of future compliance has been received from such <br />applicant; and refer the case to the Department of Justice for appropriate legal <br />proceedings. <br />4. Davis-Bacon Act. If this Agreement is a construction contract in excess of $2,000, <br />Contractor agrees as follows: <br />a. All transactions regarding this Agreement shall be done in compliance with the <br />Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) and the requirements of <br />29 C.F.R. pt. 5 as may be applicable. The Contractor shall comply with 40 U.S.C. <br />3141-3144, and 3146-3148 and the requirements of 29 C.F.R. pt. 5 as applicable. <br />b. Contractor is required to pay wages to laborers and mechanics at a rate not less <br />than the prevailing wages specified in a wage determination made by the <br />Secretary of Labor. A copy of the current prevailing wage determination issued by <br />the Department of Labor will be made available upon request. The City will report <br />all suspected or reported violations to FEMA. <br />c. Additionally, Contractor is required to pay wages not less than once a week. <br />5. Copeland Anti-Kickback Act. If this Agreement is a construction contract in excess of <br />$2,000, Contractor agrees as follows: <br />a. Contractor. The Contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, <br />and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are <br />incorporated by reference into this Agreement. <br />b. Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the <br />clause above and such other clauses as FEMA may by appropriate instructions <br />require, and also a clause requiring the subcontractors to include these clauses in <br />any lower tier subcontracts. The Contractor shall be responsible for the <br />compliance by any subcontractor or lower tier subcontractor with all of these <br />contract clauses. <br />c. Breach. A breach of the contract clauses above may be grounds for termination <br />of the Agreement, and for debarment as a contractor and subcontractor as <br />provided in 29 C.F.R. § 5.12. <br />6. Work Hours and Safety Standards. If this Agreement is for a price in excess of <br />$100,000, and involves the employment of mechanics or laborers, Contractor agrees <br />as follows: <br />ATTY/AGR.2025.172/Schaaf and Wheeler Consulting Civil Engineers (Redwood Shores Sea Level Rise Protection) (Page 27 of 36)