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City # 15-6830
<br />FED # HSIPL 5063(154)
<br />Local Assistance Procedures Manual Exhibit 12-G
<br />Required Federal -aid Contract Language
<br />and shall set forth what efforts have been made to obtain such
<br />information.
<br />d. In the event the union is unable to provide the contractor with a
<br />reasonable flow of referrals within the time limit set forth in the
<br />collective bargaining agreement, the contractor will, through
<br />independent recruitment efforts, fill the employment vacancies
<br />without regard to race, color, religion, sex, national origin, age or
<br />disability; making full efforts to obtain qualified and/or qualifiable
<br />minorities and women. The failure of a union to provide sufficient
<br />referrals (even though it is obligated to provide exclusive referrals
<br />under the terms of a collective bargaining agreement) does not
<br />relieve the contractor from the requirements of this paragraph. In
<br />the event the union referral practice prevents the contractor from
<br />meeting the obligations pursuant to Executive Order 11246, as
<br />amended, and these special provisions, such contractor shall
<br />immediately notify the contracting agency.
<br />6. Reasonable Accommodation for Applicants / Employees
<br />with Disabilities: The contractor must be familiar with the
<br />requirements for and comply with the Americans with Disabilities Act
<br />and all rules and regulations established there under. Employers
<br />must provide reasonable accommodation in all employment
<br />activities unless to do so would cause an undue hardship.
<br />9. Selection of Subcontractors, Procurement of Materials and
<br />Leasing of Equipment: The contractor shall not discriminate on the
<br />grounds of race, color, religion, sex, national origin, age or disability
<br />in the selection and retention of subcontractors, including
<br />procurement of materials and leases of equipment. The contractor
<br />shall take all necessary and reasonable steps to ensure
<br />nondiscrimination in the administration of this contract.
<br />a. The contractor shall notify all potential subcontractors and
<br />suppliers and lessors of their EEO obligations under this contract.
<br />b. The contractor will use good faith efforts to ensure
<br />subcontractor compliance with their EEO obligations.
<br />10. Assurance Required by 49 CFR 26.13(b):
<br />a. The requirements of 49 CFR Part 26 and the State DOT's U.S.
<br />DOT -approved DBE program are incorporated by reference.
<br />b. The contractor or subcontractor shall not discriminate on the
<br />basis of race, color, national origin, or sex in the performance of this
<br />contract. The contractor shall carry out applicable requirements of
<br />49 CFR Part 26 in the award and administration of DOT -assisted
<br />contracts. Failure by the contractor to carry out these requirements
<br />is a material breach of this contract, which may result in the
<br />termination of this contract or such other remedy as the contracting
<br />agency deems appropriate.
<br />11. Records and Reports: The contractor shall keep such records
<br />as necessary to document compliance with the EEO requirements.
<br />Such records shall be retained for a period of three years following
<br />the date of the final payment to the contractor for all contract work
<br />and shall be available at reasonable times and places for inspection
<br />by authorized representatives of the contracting agency and the
<br />FHWA.
<br />a. The records kept by the contractor shall document the
<br />following:
<br />(1) The number and work hours of minority and non -minority
<br />group members and women employed in each work classification
<br />on the project;
<br />(2) The progress and efforts being made in cooperation with
<br />unions, when applicable, to increase employment opportunities for
<br />minorities and women; and
<br />(3) The progress and efforts being made in locating, hiring,
<br />training, qualifying, and upgrading minorities and women;
<br />b. The contractors and subcontractors will submit an annual
<br />report to the contracting agency each July for the duration of the
<br />project, indicating the number of minority, women, and non -minority
<br />group employees currently engaged in each work classification
<br />required by the contract work. This information is to be reported on
<br />Form FHWA-1391. The staffing data should represent the project
<br />work force on board in all or any part of the last payroll period
<br />preceding the end of July. If on-the-job training is being required by
<br />special provision, the contractor will be required to collect and report
<br />training data. The employment data should reflect the work force on
<br />board during all or any part of the last payroll period preceding the
<br />end of July.
<br />III. NONSEGREGATED FACILITIES
<br />This provision is applicable to all Federal -aid construction contracts
<br />and to all related construction subcontracts of $10,000 or more.
<br />The contractor must ensure that facilities provided for employees
<br />are provided in such a manner that segregation on the basis of race,
<br />color, religion, sex, or national origin cannot result. The contractor
<br />may neither require such segregated use by written or oral policies
<br />nor tolerate such use by employee custom. The contractor's
<br />obligation extends further to ensure that its employees are not
<br />assigned to perform their services at any location, under the
<br />contractor's control, where the facilities are segregated. The term
<br />"facilities" includes waiting rooms, work areas, restaurants and other
<br />eating areas, time clocks, restrooms, washrooms, locker rooms, and
<br />other storage or dressing areas, parking lots, drinking fountains,
<br />recreation or entertainment areas, transportation, and housing
<br />provided for employees. The contractor shall provide separate or
<br />single -user restrooms and necessary dressing or sleeping areas to
<br />assure privacy between sexes.
<br />IV. DAVIS-BACON AND RELATED ACT PROVISIONS
<br />This section is applicable to all Federal -aid construction projects
<br />exceeding $2,000 and to all related subcontracts and lower -tier
<br />subcontracts (regardless of subcontract size). The requirements
<br />apply to all projects located within the right-of-way of a roadway that
<br />is functionally classified as Federal -aid highway. This excludes
<br />roadways functionally classified as local roads or rural minor
<br />collectors, which are exempt. Contracting agencies may elect to
<br />apply these requirements to other projects.
<br />The following provisions are from the U.S. Department of Labor
<br />regulations in 29 CFR 5.5 "Contract provisions and related matters'
<br />with minor revisions to conform to the FHWA-1273 format and
<br />FHWA program requirements.
<br />1. Minimum wages
<br />a. All laborers and mechanics employed or working upon the site
<br />of the work, will be paid unconditionally and not less often than once
<br />a week, and without subsequent deduction or rebate on any account
<br />(except such payroll deductions as are permitted by regulations
<br />Issued by the Secretary of Labor under the Copeland Act (29 CFR
<br />part 3)), the full amount of wages and bona fide fringe benefits (or
<br />cash equivalents thereof) due at time of payment computed at rates
<br />not less than those contained in the wage determination of the
<br />Secretary of Labor which is attached hereto and made a part hereof,
<br />regardless of any contractual relationship Which may be alleged to
<br />exist between the contractor and such laborers and mechanics.
<br />Page 10 of 22
<br />DLA -OB 13-06 August 12, 2013
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