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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 this subparagraph will be superseded as indicated in the of subcontractors,including procurement of materials and
<br /> 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 and will encourage eligible employees 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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