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Gity/OD~T ~' <br />Agreement No. 24651 <br />2. City, its contractors and subcontractors shall comply with the EEO and the OJT <br />requirements, titled "On-Site Work Force, Affirmative Action Requirements for Women <br />and Minorities on "Federal-Aid Contracts" and "Equal Employment Opportunity <br />Provisions," incorporated hereto by reference and by this reference made a part <br />hereof. City agrees to ensure that the provisions listed above shall be a part of all <br />.solicitations for bids on all federal-aid construction contracts or subcontracts of <br />$10,000 or more. Section 140 of Title 23, United States Code (USC), Equal <br />Employment Opportunity, as in effect on May 1, 1982, is incorporated hereto by <br />'.reference and shall be made a part of any contract specifications and this Agreement. <br />The "Federal On-The-Job Training Special Provis"ions" shall also be part of all <br />solicitations for bids on all federal-aid construction contracts or subcontracts when <br />OJT is assigned and is in implementation of Title 23 USC 140(a). Federal regulations <br />Title 23 CFR Part 230, as approved by USDOT, are also incorporated hereto by <br />reference and shall be made a part of any contract specifications and this Agreement. <br />3. City its contractors and subcontractors shall not discriminate on the basis of age, <br />disability, gender, race, color, national origin, age income status and religion in the <br />award, administration, and performance of any federal-aid contract in the <br />administration of DBE requirements under 49 CFR Part 26. <br />4. City shall include in all construction bid books, relative to receiving federal-aid, the <br />following paragraph. <br />"The contractor or subcontractor shall not discriminate on the basis of race, color, <br />national origin, or sex in the performance of this contract. The contractor shall carry <br />out applicable requirements of 49 CFR Part 26 in the award and administration of <br />federal-aid contracts. Failure by the contractor to carry out these requirements is a <br />material breach of this contract, which may result in the termination of this contract or <br />such other remedy as City deems appropriate." <br />5. State shall make available to City, by electronic medium, all current and pertinent <br />DBE, EEO and OJT forms. City will include the forms in City's bid books, as defined in <br />the City's manual and procedures as appropriate. State's Office of Civil Rights will be <br />available to provide EEO, OJT and DBE training during the test projects. <br />6. State shall review and determine goals, requirements or aspirational target for DBE <br />and OJT for each project as appropriate. To initiate this review, City shall submit to <br />State's Regional Local- Agency Liaison, approximately thirteen (13) weeks before bid <br />opening, the plans, specifications (90 percent complete), engineer's estimate, cost <br />and completion data as well as the DBE/OJT Civil Rights Sheet (aka "yellow sheet") <br />by electronic means, fax, or hard copy to the State's Small Business/DBE Program - <br />Analyst in the Office of Civil Rights. If City disagrees with State's assigned goals, <br />requirements or aspirational targets for DBE and OJT, City and State shall discuss, <br />however, State will have final determination. <br />7. City understands that the DBE provisions and bid document inserts are required even <br />if the DBE goal is set to zero. Federal regulations encourage contractors to involve <br />12 <br />