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• DocuSign Envelope ID:27562A39-54B9-4980-BOFD-AE1DCBC76974
<br /> applicants for employment or current employees. Such efforts with the requirements for and comply with the Americans with
<br /> should be aimed at developing full journey level status Disabilities Act and all rules and regulations established there
<br /> employees in the type of trade or job classification involved. under. Employers must provide reasonable accommodation in
<br /> all employment activities unless to do so would cause an
<br /> b. Consistent with the contractor's work force requirements undue hardship.
<br /> and as permissible under Federal and State regulations,the
<br /> contractor shall make full use of training programs,i.e., 9.Selection of Subcontractors,Procurement of Materials
<br /> apprenticeship,and on-the-job training programs for the and Leasing of Equipment:The contractor shall not
<br /> geographical area of contract performance. In the event a discriminate on the grounds of race,color,religion,sex,
<br /> special provision for training is provided under this contract, national origin,age or disability in the selection and retention
<br /> this subparagraph will be superseded as indicated in the of subcontractors,including procurement of materials and special provision. The contracting agency may reserve leases of equipment. The contractor shall take all necessary
<br /> training positions for persons who receive welfare assistance and reasonable steps to ensure nondiscrimination in the
<br /> in accordance with 23 U.S.C.140(a). administration of this contract.
<br /> c. The contractor will advise employees and applicants for a. The contractor shall notify all potential subcontractors and
<br /> employment of available training programs and entrance suppliers and lessors of their EEO obligations under this
<br /> requirements for each. contract.
<br /> d. The contractor will periodically review the training and b. The contractor will use good faith efforts to ensure
<br /> promotion potential of employees who are minorities and subcontractor compliance with their EEO obligations.
<br /> women
<br /> and will employees
<br /> encoura a eligible g g to apply for
<br /> such training and promotion.
<br /> 10.Assurance Required by 49 CFR 26.13(b):
<br /> 7.Unions:If the contractor relies in whole or in part upon
<br /> unions as a source of employees,the contractor will use good a. The requirements of 49 CFR Part 26 and the State
<br /> faith efforts to obtain the cooperation of such unions to DOT's U.S.DOT-approved DBE program are incorporated by
<br /> increase opportunities for minorities and women. Actions by reference.
<br /> the contractor,either directly or through a contractor's
<br /> association acting as agent,will include the procedures set b. The contractor or subcontractor shall not discriminate on
<br /> forth below: the basis of race,color,national origin,or sex in the
<br /> performance of this contract. The contractor shall carry out
<br /> a. The contractor will use good faith efforts to develop,in applicable requirements of 49 CFR Part 26 in the award and
<br /> cooperation with the unions,Joint training programs aimed administration of DOT-assisted contracts. Failure by the
<br /> toward qualifying more minorities and women for membership contractor to carry out these requirements is a material breach
<br /> in the unions and Increasing the skills of minorities and women of this contract,which may result In the termination of this
<br /> so that they may qualify for higher paying employment. contract or such other remedy as the contracting agency
<br /> deems appropriate.
<br /> b. The contractor will use good faith efforts to incorporate an
<br /> EEO clause into each union agreement to the end that such 11.Records and Reports:The contractor shall keep such
<br /> union will be contractually bound to refer applicants without records as necessary to document compliance with the EEO
<br /> regard to their race,color,religion,sex,national origin,age or requirements. Such records shall be retained for a period of
<br /> disability. three years following the date of the final payment to the
<br /> contractor for all contract work and shall be available at
<br /> c. The contractor Is to obtain information as to the referral reasonable times and places for Inspection by authorized
<br /> practices and policies of the labor union except that to the representatives of the contracting agency and the FHWA.
<br /> extent such information is within the exclusive possession of
<br /> the labor union and such labor union refuses to furnish such a. The records kept by the contractor shall document the
<br /> information to the contractor,the contractor shall so certify to following:
<br /> the contracting agency and shall set forth what efforts have
<br /> been made to obtain such information. (1)The number and work hours of minority and non-
<br /> minority group members and women employed in each work
<br /> d. In the event the union is unable to provide the contractor classification on the project;
<br /> with a reasonable flow of referrals within the time limit set forth
<br /> in the collective bargaining agreement,the contractor will, (2)The progress and efforts being made in cooperation
<br /> through independent recruitment efforts,fill the employment with unions,when applicable,to increase employment
<br /> vacancies without regard to race,color,religion,sex,national opportunities for minorities and women;and
<br /> origin,age or disability;making full efforts to obtain qualified
<br /> and/or qualifiable minorities and women. The failure of a union (3)The progress and efforts being made in locating,hiring,
<br /> to provide sufficient referrals(even though it is obligated to training,qualifying,and upgrading minorities and women;
<br /> provide exclusive referrals under the terms of a collective
<br /> bargaining agreement)does not relieve the contractor from the b. The contractors and subcontractors will'submit an annual
<br /> requirements of this paragraph. In the event the union referral report to the contracting agency each July for the duration of
<br /> practice prevents the contractor from meeting the obligations the project,indicating the number of minority,women,and
<br /> pursuant to Executive Order 11246,as amended,and these non-minority group employees currently engaged in each work
<br /> special provisions,such contractor shall immediately notify the classification required by the contract work. This information is
<br /> contracting agency. to be reported on Form FHWA-1391. The staffing data should
<br /> represent the project work force on board In all or any part of
<br /> 8. Reasonable Accommodation for Applicants/ the last payroll period preceding the end of July. If on-the-Job
<br /> . Employees with Disabilities: The contractor must be familiar. training Is being required by special provision,the contractor
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