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Local Assistance Procedures Manual
<br />EXHIBIT "C"
<br />Exhibit 12-G
<br />6. Training and Promotion:
<br />a. The contractor will assist in locating, qualifying, and increasing
<br />the skills of minorities and women who are applicants for
<br />employment or current employees. Such efforts should be aimed at
<br />developing full journey level status employees in the type of trade or
<br />job classification involved.
<br />b. Consistent with the contractor's work force requirements and as
<br />permissible under Federal and State regulations, the contractor shall
<br />make full use of training programs (i.e., apprenticeship and on-the-
<br />job training programs for the geographical area of contract
<br />performance). In the event a special provision for training is provided
<br />under this contract, this subparagraph will be superseded as
<br />indicated in the special provision. The contracting agency may
<br />reserve training positions for persons who receive welfare
<br />assistance 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 women
<br />and will encourage eligible employees to apply for such training and
<br />promotion.
<br />7. Unions: If the contractor relies in whole or in part upon unions as
<br />a source of employees, the contractor will use good faith efforts to
<br />obtain the cooperation of such unions to increase opportunities for
<br />minorities and women. 23 CFR 230.409. Actions by the contractor,
<br />either directly or through a contractor's association acting as agent,
<br />will include the procedures set forth below:
<br />a. The contractor will use good faith efforts to develop, in cooperation
<br />with the unions, joint training programs aimed toward qualifying more
<br />minorities and women for membership in the unions and increasing the
<br />skills of minorities and women so that they may qualify for higher paying
<br />employment.
<br />b. The contractor will use good faith efforts to incorporate an EEO
<br />clause into each union agreement to the end that such union will be
<br />contractually bound to refer applicants without regard to their race, color,
<br />religion, sex, sexual orientation, gender identity, national origin, age, or
<br />disability.
<br />c. The contractor is to obtain information as to the referral practices
<br />and policies of the labor union except that to the extent such information
<br />is within the exclusive possession of the labor union and such labor
<br />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
<br />have been made to obtain such 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 collective
<br />bargaining agreement, the contractor will, through independent
<br />recruitment efforts, fill the employment vacancies without regard to race,
<br />color, religion, sex, sexual orientation, gender identity, national origin,
<br />age, or 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 the
<br />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 />Required Federal -Aid Contract Language
<br />8. Reasonable Accommodation for Applicants / Employees with
<br />Disabilities: The contractor must be familiar with the requirements for
<br />and comply with the Americans with Disabilities Act and all rules and
<br />regulations established thereunder. Employers must provide reasonable
<br />accommodation in all employment activities unless to do so would cause
<br />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, sexual orientation, gender identity,
<br />national origin, age, or disability in the selection and retention of
<br />subcontractors, including procurement of materials and leases of
<br />equipment. The contractor shall take all necessary and reasonable steps
<br />to ensure nondiscrimination in the administration of this contract.
<br />a. The contractor shall notify all potential subcontractors, suppliers, and
<br />lessors of their EEO obligations under this contract.
<br />b. The contractor will use good faith efforts to ensure subcontractor
<br />compliance with their EEO obligations.
<br />10. Assurance Required:
<br />a. The requirements of 49 CFR Part 26 and the State DOT's
<br />FHWA-approved Disadvantaged Business Enterprise (DBE) program
<br />are incorporated by reference.
<br />b. The contractor, subrecipient or subcontractor shall not
<br />discriminate on the basis of race, color, national origin, or sex in the
<br />performance of this contract. The contractor shall carry out applicable
<br />requirements of 49 CFR part 26 in the award and administration of
<br />DOT -assisted contracts. Failure by the contractor to carry out these
<br />requirements is a material breach of this contract, which may result in
<br />the termination of this contract or such other remedy as the recipient
<br />deems appropriate, which may include, but is not limited to:
<br />(1) Withholding monthly progress payments;
<br />(2) Assessing sanctions;
<br />(3) Liquidated damages; and/or
<br />(4) Disqualifying the contractor from future bidding as non -
<br />responsible.
<br />c. The Title VI and nondiscrimination provisions of U.S. DOT Order
<br />1050.2A at Appendixes A and E are incorporated by reference. 49
<br />CFR Part 21.
<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 following
<br />(1) The number and work hours of minority and non -minority
<br />group members and women employed in each work
<br />classification on the project;
<br />(2) The progress and efforts being made in cooperation with
<br />unions, when applicable, to increase employment opportunities
<br />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 />Page 12 of 28
<br />August 2022
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