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DocuSign Envelope ID:78958EB7-5B02-4CA0-8EAF-F3E892A7B33B
<br /> a. The contractor wi11 use good faith efforts to develop,in cooperation with the unions,joint training programs aimed toward qualifying more
<br /> minorities and women for membership in the unions and increasing the skips of minorilics and women so that they may qualify for higher
<br /> paying employment.
<br /> b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union will be
<br /> contractually bound to refer applicants without regard to choir race,color,religion,sex,national origin,age or disability.
<br /> c. 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
<br /> within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor,the contractor
<br /> shall so certify to the contracting agency and shall set forth what efforts have been made to obtain such information.
<br /> d. In 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
<br /> bargaining agreement,the contractor will,through independent recruitment efforts, fill the employment vac=cies without regard to race,
<br /> color, religion, sex, national origin, age or disability; making full efforts to obtain qualified and/or qualifiable minorities and women.
<br /> The failure of a union to provide sufficient referrals(even though it is obligated to provide exclusive referrals under the terms of a collective
<br /> bargaining agreement)does not relieve the contractor from the requirements of this paragraph. In the event the union referral practice
<br /> prevents the contractor from meeting the obligations pursuant to Executive Order 11246,as amended,and these special provisions,such
<br /> contractor shall immediately notify the contracting agency-
<br /> 8- Reasonable Accommodation for Applicants 1 Employees with Disabilities-The contractor must be familiar with the requirements for and
<br /> comply with the Americans with Disabilities Act and all rules and regulations established there under. Employers most provide reasonable
<br /> accommodation in all employment activities unless to do so would cause an undue hardship.
<br /> 9. Selection of Subcontractors,Procurement of Materials and Leasing of Equipment:The contractor shall not discriminate on the grounds of
<br /> race,color,religion,sex,national origin,age or disability in the selection and retention of subcontractors,including procurement of materials and
<br /> leases of equipment.The contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract.
<br /> a. The contractor shall notify all potential subcontractors and suppliers and lessors of their EEO obligations under this contract.
<br /> b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations-
<br /> ID. Assurance Required by 49 CFR 26.i3(b):
<br /> a. The requirements of 49 CFR Part 26 and the State DOT'S U.S.DOT-approved DBE program are incorporated by reference.
<br /> b. The contractor or subcontractor shall not discriminate on the basis of race,color,national origin,or sex in the performance of this contract.
<br /> The contractor shall carry out applicable requirements of 49 CFR Pan 26 in the award and administration of DOT-assisted contracts.Failure
<br /> by the contractor to carry out these requirements is a material breach of this contract,which may result in the termination of this contract
<br /> or such other remedy as the contracting agency deems appropriate.
<br /> I . Records and Reports:The contractor shall keep sue It records as necessary to document compliance with the EEO requirements.Such records
<br /> shall be retained for a period of three years following the date of the Final payment io the contractor for all contract work and shall be avai lab to at
<br /> reasonable times and}daces for inspection by authorized representatives of the contracting agency and the FHWA.
<br /> a. The records kept by the contractor shall document the following:
<br /> (1) The number and work hours of minority and non-minority group members and women employed in each work classification on the
<br /> project;
<br /> (2) The progress and efforts being made in cooperation with unions,when applicable,to increase employment opporamiries for minorities
<br /> and women;and
<br /> (3) The progress and efforts bring made in locating,hiring,training,qualifying,and upgrading minorities and women;
<br /> b. The contractors and subcontractors will submit an annual report to the contracting agency each J a I y for the duration of the project,indicating
<br /> the number of minority,women,and non-minority grnup employees currently engaged in each work classification required by the contract
<br /> work.This information is to be re parted on Forth Fi-TWA-1391,Thc staffing data should represent the project work force cn board in all or
<br /> any part of the fast payroll period preceding the end of July.I on-the-job training is being required by special provision,the contractor will be
<br /> required to collect and report training data.The employment data should reflect the work force on board during all or any pan of the last
<br /> payroll period preceding the end of July.
<br /> Ill.NONSEGREGATED FACILITIES
<br /> This provision is applicable to all Federal-aid construction contracts and to all related construetion subcontracts of$10,000 or more.
<br /> The contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race,color,
<br /> religion,sex,or national origin cannot result.The contractor may neither require such segregated use by written or oral policies nor tolerate such use
<br /> by employee custom.The contractor's obligation extends further to ensure that its employees are not assigned to perform their services at any location,
<br /> under the contractors control,where the facilities arc segregated.The term"facilities"includes waiting rooms,work areas,restaurants and other eating
<br /> areas, time clocks, restrooms, washrooms, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or
<br /> entertainment areas,transportation,and housing provided for employees.The contractor shall provide separate or single-user restroo ins and necessary
<br /> dressing or sleeping areas to assure privacy betwecn sexes.
<br /> IV.DAVIS-BACON AND RELATED ACT PROVISIONS
<br /> This section is applicable to all Federal-aid construction projects exceeding$2,000 and to all related subcontracts and lower-tier subcontracts
<br /> (regardless of subcontract size).The requirements apply to all pmyects located within the right-of--way of a roadway that is functionally classified as
<br /> Fcdcral-aid highway.This excludes roadways functionally classified as local roads or rural minor collectors,which are exempt.Contracting agencies
<br /> may elect to apply these requirements to other projects.
<br /> The following provisions are from the U.S.Department of Labor regulations in 29 CFR 5.5"Contract provisions and related matters"with minor
<br /> revisions to con farm to the FHWA-1273 format and FHWA program requirements,
<br /> 1. Minimum wages
<br /> a. All laborers and mechanics employed or working upon the site of the work,will be paid unconditionally and not"soften than once a week,
<br /> and without subsequent deduction or rebate on any account(except such payroll deductions as are permitted by regulations issued by the
<br /> Secretary of Labor under the Copeland Act(29 CFR part 3)),the full amount of wages and bona fide fringe benefits(or cash equivalents
<br /> thereof)due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is
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