|
ATTY/AGR/2016.053/CDM SMITH
<br />REV: 03-22-16 JS
<br />Page 9 of 18
<br />20. State Prevailing Wage Rates.
<br />
<br />20.1 Consultant shall comply with the State of California’s General Prevailing Wage
<br />Rate requirements in accordance with California Labor Code, Section 1770, and all
<br />Federal, State, and local laws and ordinances applicable to the work.
<br />
<br />20.2 Any subcontract entered into as a result of this Agreement, if for more than
<br />$25,000 for public works construction or more than $15,000 for the alteration,
<br />demolition, repair, or maintenance of public works, shall contain all of the provisions of
<br />this Section 20.
<br />
<br />20.3 When prevailing wages apply to the services described in the scope of work,
<br />transportation and subsistence costs shall be reimbursed at the minimum rates set by
<br />the Department of Industrial Relations (DIR) as outlined in the applicable Prevailing
<br />Wage Determination. See http://www.dir.ca.gov.
<br />
<br />21. Discrimination and Harassment Prohibited. Consultant will comply with all applicable
<br />local, state and federal laws and regulations prohibiting discrimination and harassment.
<br />
<br />21.1 Consultant’s signature affixed herein, and dated, shall constitute a certification
<br />under penalty of perjury under the laws of the State of California that consultant has,
<br />unless exempt, complied with the nondiscrimination program requirements of
<br />Government Code Section 12990 and Title 2, California Administrative Code, Section
<br />8103.
<br />
<br />21.2 During the performance of this Agreement, Consultant and its subcontractors
<br />shall not unlawfully discriminate, harass, or allow harassment against any employee or
<br />applicant for employment because of sex, race, color, ancestry, religious creed, national
<br />origin, physical disability (including HIV and AIDS), mental disability, medical condition
<br />(e.g., cancer), age (over 40), marital status, and denial of family care leave. Consultant
<br />and subcontractors shall insure that the evaluation and treatment of their employees
<br />and applicants for employment are free from such discrimination and harassment.
<br />Consultant and subcontractors shall comply with the provisions of the Fair Employment
<br />and Housing Act (Gov. Code §12990 (a-f) et seq.) and the applicable regulations
<br />promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et seq.).
<br />The applicable regulations of the Fair Employment and Housing Commission
<br />implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4
<br />of Title 2 of the California Code of Regulations, are incorporated into this Agreement by
<br />reference and made a part hereof as if set forth in full. Consultant and its subcontractors
<br />shall give written notice of their obligations under this clause to labor organizations with
<br />which they have a collective bargaining or other agreement.
<br />
<br />21.3 Consultant shall comply with regulations relative to Title VI (nondiscrimination in
<br />federally-assisted programs of the Department of Transportation – Title 49 Code of
<br />Federal Regulations, Part 21 – Effectuation of Title VI of the 1964 Civil Rights Act). Title
<br />VI provides that the recipients of federal assistance will implement and maintain a policy
<br />of nondiscrimination in which no person in the state of California shall, on the basis of
<br />race, color, national origin, religion, sex, age, disability, be excluded from participation in
<br />the benefits of or subject to discrimination under any program or activity by the
<br />recipients of federal assistance or their assignees and successors in interest.
<br />6.1.B. - Page 11
|