|
DocuSign Envelope ID:07C464C4-FDB6-434A-A01B-558064E4E858
<br /> PO#:461001815
<br /> Routing#:22-HA3-ZG-00070
<br /> its obligations under this contract,will attempt to resolve such complaints,and will take appropriate corrective action within
<br /> a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant,such
<br /> corrective action shall include such other persons Upon completion of each investigation,the contractor will inform every
<br /> complainant of all of their avenues of appeal.
<br /> 6. Training and Promotion:
<br /> a The contractor will assist in locating,qualifying,and increasing the skills of minorities and women who are applicants for
<br /> employment or current employees Such efforts should be aimed at developing full journey level status employees in the type
<br /> of trade or job classification involved.
<br /> b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations,the contractor
<br /> shall make full use of training programs,i.e.,apprenticeship,and on-the-job training programs for the geographical area of
<br /> contract performance.In the event a special provision for training is provided under this contract,this subparagraph will be
<br /> superseded as indicated in the special provision. The contracting agency may reserve training positions for persons who
<br /> receive welfare assistance in accordance with 23 U.S.C.140(a).
<br /> c. The contractor will advise employees and applicants for employment of available training programs and entrance requirements
<br /> for each.
<br /> d. The contractor will periodically review the training and promotion potential of employees who are minorities and women and
<br /> will encourage eligible employees to apply for such training and promotion.
<br /> 7. Unions: If the contractor relies in whole or in part upon unions as a source of employees,the contractor will use good faith
<br /> efforts to obtain the cooperation of such unions to increase opportunities for minorities and women. Actions by the contractor,
<br /> either directly or through a contractor's association acting as agent,will include the procedures set forth below:
<br /> a The contractor will use good faith efforts to develop,in cooperation with the unions,joint training programs aimed toward
<br /> qualifying more minorities and women for membership in the unions and increasing the skills of minorities and women so
<br /> that they may qualify for higher 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
<br /> will be contractually bound to refer applicants without regard to their 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
<br /> information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to
<br /> the contractor,the contractor shall so certify to the contracting agency and shall set forth what efforts have been made to obtain
<br /> 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
<br /> the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment
<br /> vacancies without regard to race,color,religion,sex,national origin,age or disability;making full efforts to obtain qualified
<br /> and/or qualifiable minorities and women. The failure of a union to provide sufficient referrals(even though it is obligated to
<br /> provide exclusive referrals under the terms of a collective bargaining agreement)does not relieve the contractor from the
<br /> requirements of this paragraph. In the event the union referral practice prevents the contractor from meeting the obligations
<br /> pursuant to Executive Order 11246,as amended,and these special provisions,such contractor shall immediately notify the
<br /> contracting agency.
<br /> 8. Reasonable Accommodation for Applicants / Employees with Disabilities: The contractor must be familiar with the
<br /> requirements for and comply with the Americans with Disabilities Act and all rules and regulations established there under.
<br /> Employers must provide reasonable 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
<br /> the grounds of race,color,religion,sex,national origin,age or disability in the selection and retention of subcontractors,including
<br /> procurement of materials and leases of equipment The contractor 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 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 /> 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 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
<br /> this contract The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of
<br /> DOT-assisted contracts Failure by the contractor to carry out these requirements is a material breach of this contract,which
<br /> may result in the termination of this contract or such other remedy as the contracting agency deems appropriate.
<br /> 11. Records and Reports:The contractor shall keep such records as necessary to document compliance with the EEO requirements.
<br /> Such records shall be retained for a period of three years following the date of the final payment to the contractor for all contract
<br /> work and shall be available at reasonable times and places for inspection by authorized representatives of the contracting agency
<br /> 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
<br /> classification on the project;
<br /> (2) The progress and efforts being made in cooperation with unions,when applicable,to increase employment opportunities
<br /> for minorities and women;and
<br /> (3) The progress and efforts being made in locating,hiring,training,qualifying,and upgrading minorities and women;
<br /> Document Builder Generated Page 50 of 59 Version 0819
<br />
|