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applicants for employment or current employees. Such efforts
<br />should be aimed at developing full journey level status
<br />employees in the type of trade or job classification involved.
<br />b. Consistent with the contractor's workforce requirements
<br />and as permissible under Federal and State regulations, the
<br />contractor shall make full use of training programs, I.e.,
<br />apprenticeship, and on-the-job training programs for the
<br />geographical area of contract performance. In the event a
<br />special provision for training is provided under this contract,
<br />this subparagraph will be superseded as Indicated in the
<br />special provision. The contracting agency may reserve
<br />training positions for persons who receive welfare assistance
<br />in accordance with 23 U.S.C. 140(a).
<br />c. The contractor will advise employees and applicants for
<br />employment of available training programs and entrance
<br />requirements for each.
<br />d, The contractor will periodically review the training and
<br />promotion potential of employees who are minorities and
<br />women and will encourage eligible employees to apply for
<br />such training and promotion,
<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
<br />faith efforts to obtain the cooperation of such unions to
<br />increase opportunities for minorities and women. Actions by
<br />the contractor, either directly or through a contractor's
<br />association acting as agent, will include the procedures set
<br />forth below:
<br />a. The contractor will use good falth efforts to develop, In
<br />cooperation with the unions, Joint training programs aimed
<br />toward qualifying more minorities and women for membership
<br />in the unions and Increasing the skills of minorities and women
<br />so that they may qualify for higher paying employment.
<br />b. The contractor will use good faith efforts to incorporate an
<br />EEO clause into each union agreement to the end that such
<br />union will be contractually bound to refer applicants without
<br />regard to their race, color, religion, sex, national origin, age or
<br />disability.
<br />c. The contractor is to obtain Information as to the referral
<br />practices and policies of the labor union except that to the
<br />extent such Information is within the exclusive possession of
<br />the labor union and such labor union refuses to furnish such
<br />Information to the contractor, the contractor shall so certify to
<br />the contracting agency and shall set forth what efforts have
<br />been made to obtain such information.
<br />d. In the event the union Is unable to provide the contractor
<br />with a reasonable Flow of referrals within the time limit set forth
<br />in the collective bargaining agreement, the contractor will,
<br />through independent recruitment efforts, fill the employment
<br />vacancies without regard to race, color, religion, sex, national
<br />origin, age or disability; making full efforts to obtain qualified
<br />and/or qualifiable minorities and women. The failure of a union
<br />to provide sufficient referrals (even though it Is obligated to
<br />provide exclusive referrals under the terms of a collective
<br />bargaining agreement) does not relieve the contractor from the
<br />requirements of this paragraph, in the event the union referral
<br />practice prevents the contractor from meeting the obligations
<br />pursuant to Executive Order 11246, as amended, and these
<br />special provisions, such contractor shall immediately notify the
<br />contracting agency.
<br />6, Reasonable Accommodation for Applicants/
<br />Employees with Disabilities: The contractor must be familiar
<br />with the requirements for and comply with the Americans with
<br />Disabilities Act and ail rules and regulations established there
<br />under. Employers must provide reasonable accommodation in
<br />all employment activities unless to do so would cause an
<br />undue hardship,
<br />g. Selection of Subcontractors, Procurernpnt of Materials
<br />and Leasing of Equipment: The contractor shall not
<br />discriminate on the grounds of race, color, religion, sex,
<br />national origin, age or disability in the selection and retention
<br />of subcontractors, including procurement of materials and
<br />leases of equipment. The contractor shall take all necessary
<br />and reasonable steps to ensure nondiscrimination in the
<br />administration of this contract.
<br />a. The contractor shall notify all potential subcontractors and
<br />suppliers and lessors of their EEO obligations under this
<br />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 GFR 26.13(b):
<br />a. The requirements of 49 CFR Part 26 and the State
<br />DOT's U.S. DOT -approved DBE program are incorporated by
<br />reference.
<br />b. The contractor or subcontractor shall not discriminate on
<br />the basis of race, color, national origin, or sex In the
<br />performance of this contract. 'The contractor shall carry out
<br />applicable requirements of 49 CFR Part 26 in the award arid
<br />administration of DOT -assisted contracts, f=ailure by the
<br />contractor to carry out these requirements is a material breach
<br />of this contract, which may result in the termination of this
<br />contract or such other remedy as the contracting agency
<br />deems appropriate.
<br />11, Rocordg and Reports: The contractor shall keep such
<br />records as necessary to document compliance with the EEO
<br />requirements. Such records shall be retained for a period of
<br />three years following the date of the final payment to the
<br />contractor for all contract work and shall be available at
<br />reasonable times and places for Inspection by authorized
<br />representatives of the contracting agency and the FHWA.
<br />a. The records kept by the contractor shalt document the
<br />following:
<br />(1) The number and work hours of minority and non -
<br />minority group members and women employed in each work
<br />classification on the project;
<br />(2) Tho progress and efforts being made in cooperation
<br />with unions, when applicable, to Increase employment
<br />opportunities for 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
<br />the project, Indicating the number of minority, women, and
<br />non-m1nority group employees currently engaged in each work
<br />classification required by the contract work. This information Is
<br />to be reported onI"--go nFiWe,-1, The staffing data should
<br />represent the project work force on board In all or any part of
<br />the last payroll period preceding the end of July. If on-the-job
<br />training is being required by special provision, the contractor
<br />
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