applicants for employment or current employees. Such efforis
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 shad make full use of training programs, i.e.,
apprenticeship, and on-the-job training programs for the
geographical area of contract performance. 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this subparagraph will be superseded as indicated in the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 availabie training programs and entrance
requirements for each
d. The contractor 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.
7. Unions: }f the contractor relies in whole or in part upon
unions as a source of employees, the contractor will 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, will include the procedures set
forth below:
a. The contractor will use good faith efforts to develop, in
cooperation with the unions, joint training programs almed
toward qualifying more minorities and women for membership
in the unions and increasing the skills of minorities and women
so that they may qualify for higher paying employment
b. The contractor will use good faith efforis to incorporate an
EEO clause into each union agreement to fhe end that such
union will be contractually bound to refer applicants without
regard to their race, color, religion, sex, natlonal origin, age or
disability,
¢ The contractor is to obtain information as to the referral
practices and policies of the labor union except that to the
extent such information is within the exclusive possession of
the labor union and such labor union refuses to furnish such
information to the contractor, the contractor shail so certify to
the contracting agency and shail set forth what efforts have
been made to obtain such information.
din 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, fill the employment
vacancies withoul regard to race, color, religion, sex, national
origin, age or disability; making full efforts to obtain qualified
and/or qualifiable minorities and women. The failure of a union
to provide sufficient referrals (even though it is obligated to
provide exclusive referrals under the terms of a collective
bargaining agreement) does not relieve the contractor from 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 contracior shail Immediately notify the
contracting agency.
8. Reasonable Accommodation for Applicants /
Employees with Disabilities: The contractor must be familar
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 Leasing of Equipment: The contractor shall not
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 contractor shail {ake all necessary
and reasonable steps to ensure nondiscrimination in the
administration of ihis contract
a. The contractor shall notify all potential subcontractors and
suppliers and jessors of their EEO obligations under this
contract.
b. The contractor will use good falth efforts to ensure
subcontractor compliance with their EEO obligations.
40. Assurance Required by 49 CFR 26,13(b):
a. The requirements of 49 CFR Pari 26 and the State
DOT's U.S. DOT-approved DBE program are incorporated by
reference.
b. The contractor or subcontractor shall not discriminate on
the basis of race, color, national origin, or sex in the
performance of this contract The contractor shal! carry out
applicable requirements of 49 CFR Part 26 In the award and
administration of DOT-assisted contracts. Failure by the
contractor to carry oul 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 shall keeo such
records as necessary to document compliance with the EEO
requirements. Such records shail be retained for a period of
three years following the date of the final payment to the
contractor for all 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:
{1} 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 efforis being made in locating, hiring,
training, qualifying, and upgrading minorities and women;
b. The contractors and subcontractors will submit 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 dala should
represent the project work force on beard in all or any par of
the last payroll period preceding the end of July If on-the-job
training is being required by special provision, the contractor
