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employment vacancies without regard to race, color, religion, sex, national origin, age err disability, making full efforts to
<br />obtain qualified and/or qualifiable minority group Persons and women. (The DOL lies held that it shall be no excuse that the
<br />union with which the contractor lras.a collective bargaining agreement providing for exclusive referral failed to refer minority
<br />employees.) In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive
<br />Order 1 ]246, as amended, and these special provisions, such comrador shall immediately notify the S13A.
<br />Selection of Subwntradors, Procurement of Materials sad Leasing of Equipment: The contractor shall not dim-~;mm"te on the
<br />grounds of race, color, religioq sex, national origin, age or disability in the selecuion and retemion of subcontractors, including
<br />procurement of materials and leases of equipment
<br />a. The contractor shall notify aU potential subcontractors and suppliers ofhis/her EEO obligations under this contract.
<br />b. Disadvantaged business enterprises (DBE), as defined in 49 CTTi 23, shall have equal opportunity to compete for and perform
<br />subcontracts which the contractor enters into pursuant to this contract The co~sedor will use his best efforts to solicit bids
<br />from and to utilize DBE subcontractors or subcontractors with meaningfiil minority group and female representation among
<br />their employees. Co~ractors shall obtain lists of DBE constnrction firms from SI3A personnel.
<br />a. The contractor will use his best efforts to ensure subcontractor compliance with their EEO obligations.
<br />Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such
<br />records shall be retained for a period of three years following completion of the contract work and shall be available at reasonable times
<br />and places for inspection by authorized represemtatrves of the SHA and the FHWA
<br />a. The records kept by the contractor shall document the following:
<br />I. The number of minority and non-minority group members and women employed in each work classification on the
<br />Proj~
<br />2. The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities
<br />for minorities and women;
<br />3. The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minority and female
<br />employees; and '
<br />4. The progress and efforts being made in securing the services of DBE subcontractors or subco~actnrs with meaningfiil
<br />minority and female representation among their employees.
<br />b. The contractors will submit an annual report to the SHA each July for the duration of the project, indicating the number of
<br />minority, women, and non-minority group employees currently engaged in each work classi5cation required by the contract
<br />work This information is to be reported on Form FHWA-1391. If aa~he job training is being requued by special provision,
<br />ate contractor will be required to collect andreporttraining-data.
<br />III. NONSEGREGATED FACIII'TIES
<br />(Applicable to all Federal-aid constrrrction contracts and to all related subcontracts of $10,000 or mare.)
<br />a. By submission of this bid, the execution of this contract or subcontract; or the consummation. of this material supply agreemem or
<br />purchase ordea, as appropriate, the bidder, Federal-aid construction contractor, subcontractor, material supplier, or vendor, as appro-
<br />priate, certifies that the firm does not maintain or provide for its employees amy segregated facilities at any of its establishments, and
<br />that the firm does not permit its employees to perform their services at any location, under its control, where segregated facilities aze
<br />maintained The firm agrees that a breach of this certification is a violation of the EEO provisions of this coatrad. The firm fiuther
<br />certifies that no employee will be denied access to adequate facilities on the basis of sex err disabiliry_
<br />b. As used in this certification, the term "segregated facilities". means arty waiting rooms, work areas, restrooms and washrooms,
<br />restaurants and other eating areas, timreclocks, locker rooms, and other storage or dressing areas, parl-ing lots, drinking fountains,
<br />recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit
<br />dirxtive, or are, in fact, segregated on the basis of race, color, religion, national origin, age or disability, because of habit, local
<br />custom, or otherwise. The only exception will be for the disabled when the demands for accessibility override (e.g. disabled
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<br />c. .The contractor agrees that it has obtained or will obtain identical certification from proposed subcontractors or material suppliers
<br />prior to award of subcontracts or consummation of material supply agreements of $10,000 or more and that it will retain such
<br />certifications in its files.
<br />I'V. PAYMENT OF PREDETERMINED MINII1iUM WAGE
<br />(Applicable to all Federal-aid congh-uction contracts exceeding $2,000 and to all related subcontracts, except for projects located on roadways
<br />classified as local roads or rural minor collectors, which are exempt)
<br />1. General:
<br />a. Alt mechanics and laborers employed or working upon the site ofthe work will be paid unconditionally and not less often than
<br />once a week and without subsequent deduction or rebate on any account [except such payroll deductions as are permitted by
<br />regulations (29 CFR 3) issued by the Seaefary of Laborunder the Copeland Ad (40 U.S.C. 276c)] the full amounts of wages
<br />and bona fide fringe benefits (or cash equivalents thereof) due attune of payment The paymertt shall be computed at wage
<br />rates not less than those contained in the wage determination of the Secretary of Labor (hereinafter "the wage detemninatlnn")
<br />which is attached hereto and made a part heretl; regardless of any contractual relationship which may be alleged to exist
<br />between the contractor or its subcontractors and such laborers and mechanics. The wage determination (including any
<br />additional classifications and wage rates conformed under paragraph 2 of this Section IV and the DOL poster (WH 1321) or
<br />' Font FHWA-1495) shall be posted at all tunes by the contractor and its subcontractors at ffie site of the work in a prominent
<br />and accessible place where it can be easily seen by the workers. For the purpose of this Section, contributions made or costs
<br />reasonably anticipated for bona fide fringe benefits under Section 1(bx2) of the Davis-Bacon Act (40 U.S.C. 276a) on behalf
<br />of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of Section TV,
<br />paragraph 36, hereof Also, for the purpose of this Section, regular contributions made or costs rocmred for more than a
<br />weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particulaz weekly period. are
<br />deemed to be censtructively made or incurred during such weekly period Such laborers and mechanics shall be paid the
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