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DocuSign Envelope ID: 27562A39-54B9-4980-BOFD-AE1DCBC76974 applicants for employment or current employees. Such efforts should be aimed at developing full journey level status employees in the type of trade or job classification involved. b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., apprentioeshlp, :and on-the-job training programs for the •. geographical area of contract perforrnence. In the event a special provision for training is provided under this contract this subparagraph will be superseded as indicated In the special provision. The contracting agency may reserve training positions for persons who receive welfare assistance in accordance with 23 U.S.C. 140(a). c. The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. d. The contract will periodically review the training and promotion potential of employees who are minorities and women and will encourage eligible employees to apply for such training and promotion. T. Unions: If the contractor relies In whole or in pan upon unions as a source of employees, the contractor wig use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and women. Actions by the contractor. either directly or through a contractor's association acting as agent, slit Include the procedures set forth below. a. The contractor will use good faith efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership in the unions and increasing the skins of minorities and women so that they may qualify for hoar paying employment. b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sax, national origin, age or disability. c. The contractor Is to obtain information as to the referral practices and policies of the tabor union except that to the extent such Information is within the exclusive possession of the labor union and such labor union refuses to famish such information to the contractor, the contractor shall so cerdly, to the contracting agency and shag set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contractor with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fin the employment vacancies without regard to race, color, religion, sex, national origin, age or disabifdy: meldng full efforts to obtain qualified. and/or q ualfflable minorities and.wornen. The failure of a union to provide sufficient referrals (every though it is obligated to . provide exclusive referrals under the terms of a collective - bargaining agreement) does not relieve the contractor frond the requirements of this paragraph. in the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shaiidmmedistely notify. the contracting agency. B. Reasonable Accommodation for Applicants 1 Employees with Disabilities: The contractor must be familiar. with the requirements for and comply with the Americans with Disabilities Act and all rules and regulations established there under. Employers must provide reasonable accommodation in all employment activities unless to do so would cause an undue hardship. 9. Selection of Subcontractors, Procurement of Materials and teasing of Equipment: The contractor shall riot discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The oontiector shall take all necessary and reasonable steps to ensure nondisalrsdnation in the administration of this contract a. The contractor shall notify all potential subcontractors and suppliers and lessors of their EEO obligations under this contract. b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations. 10. Assurance Required by 49 CFR 20.13(b): a. The requirements of 49 CFR Part 26 and the State DOTS U.S. DOT -approved DBE program are incorporated by reference. b. The contractor or subcontractor stall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT -assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the contracting agency deems appropriate. 11. Records and Reports: The contractor span keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following the date of the final payment to the contractor for ail contract work and shall be available at reasonable times and places for inspection by authorized representatives of the contracting agency and the FHWA. a. The records kept by the contractor shall document the following: (f) The number and work hours of minority and non - minority group members and women employed in each work classification on the project (2) The progress and efforts being made In cooperation with unions, when applicable. to increase employment opportunities for minorities and women: and (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minorities and women: b. The contractors and subcontractors Wsubrnit an annual report to the contracting agency each July for the -duration of the project. Indicating the number of minority, women. and . non -minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391 The staffing data should represent the project work force on board In all or any part of the test payroll period preceding the end of July. If on -the -jab training Is being required by special provision, the contractor P54