|
31
<br /> to impliedly renounce, discharge, or waive any remedy, including claims in damages for
<br /> breach.
<br /> Note on subsections (C)—(Q). In subsections(C)—(Q)below,where an obligation must be imposed on
<br /> any subcontractors, changes in language may be made in the subcontract as shall be appropriate to
<br /> properly identify the parties and their obligations.
<br /> (C)Equal Employment Opportunity. Under this Agreement,the Contractor shall at all times comply
<br /> with the following requirements and shall include these requirements in each subcontract entered into as
<br /> part thereof.
<br /> 1. Nondiscrimination. In accordance with Federal transit law at 49 U.S.C. § 5332,the Contractor
<br /> agrees that it will not discriminate against any employee or applicant for employment because of race,
<br /> color,religion,national origin, sex, disability, or age. In addition,the Contractor agrees to comply with
<br /> applicable Federal implementing regulations and other implementing requirements FEDERAL
<br /> AWARDING AGENCY may issue.
<br /> 2. Race,Color,Religion,National Origin, Sex.In accordance with Title VII of the Civil Rights Act,
<br /> as amended,42 U.S.C. § 2000e et seq.,and Federal transit laws at 49 U.S.C. § 5332,the Contractor
<br /> agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of
<br /> Labor(U.S. DOL)regulations, "Office of Federal Contract Compliance Programs, Equal Employment
<br /> Opportunity,Department of Labor," 41 C.F.R. chapter 60, and Executive Order No. 11246, 'Equal
<br /> Employment Opportunity in Federal Employment," September 24, 1965,42 U.S.C. § 2000e note, as
<br /> amended by any later Executive Order that amends or supersedes it,referenced in 42 U.S.C. § 2000e
<br /> note. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that
<br /> employees are treated during employment,without regard to their race, color,religion,national origin,
<br /> or sex(including sexual orientation and gender identity). Such action shall include,but not be limited
<br /> to,the following: employment,promotion, demotion or transfer,recruitment or recruitment advertising,
<br /> layoff or termination;rates of pay or other forms of compensation; and selection for training,including
<br /> apprenticeship. In addition,the Contractor agrees to comply with any implementing requirements
<br /> FEDERAL AWARDING AGENCY may issue.
<br /> 3. Age.In accordance with the Age Discrimination in Employment Act,29 U.S.C. §§ 621-634,U.S.
<br /> Equal Employment Opportunity Commission(U.S. EEOC)regulations, "Age Discrimination in
<br /> Employment Act,"29 C.F.R.part 1625,the Age Discrimination Act of 1975, as amended,42 U.S.C. §
<br /> 6101 et seq.,U.S. Health and Human Services regulations,"Nondiscrimination on the Basis of Age in
<br /> Programs or Activities Receiving Federal Financial Assistance,"45 C.F.R. part 90, and Federal transit
<br /> law at 49 U.S.C. § 5332,the Contractor agrees to refrain from discrimination against present and
<br /> prospective employees for reason of age. In addition,the Contractor agrees to comply with any
<br /> implementing requirements FEDERAL AWARDING AGENCY may issue.
<br /> 4. Disabilities. In accordance with section 504 of the Rehabilitation Act of 1973, as amended,29
<br /> U.S.C. § 794,the Americans with Disabilities Act of 1990, as amended,42 U.S.C. § 12101 et seq.,the
<br /> Architectural Barriers Act of 1968, as amended,42 U.S.C. § 4151 et seq., and Federal transit law at 49
<br /> U.S.C. § 5332,the Contractor agrees that it will not discriminate against individuals on the basis of
<br /> disability. In addition,the Contractor agrees to comply with any implementing requirements FEDERAL
<br /> AWARDING AGENCY may issue.
<br /> (D)Davis Bacon Act and Copeland Anti-Kickback Act. (1)If this contract is a prime construction
<br /> contract in excess of$2,000, and if federal program legislation requires a provision for compliance with
<br /> the Davis-Bacon Act(40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor
<br /> regulations(29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally
<br /> Financed and Assisted Construction,")this Davis Bacon Act and Copeland Anti-Kickback Act clause
<br /> applies to this contract. (2)In accordance with the statute,the contractor is required to pay wages to
<br /> laborers and mechanics at a rate not less than the prevailing wages specified in the wage determination
<br /> UGCCFF—Page 2 of 7 10.06.22-Cao
<br />
|