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Local Assistance Procedures Manual EXHIBIT 12-E
<br />PS&E Checklist Instructions
<br />Attachment B
<br />applicants faremploynuenl or current employers. Suchaforts
<br />should be aimed at developing full journey laves status
<br />employees in the type of trade or job classi8cabon Involved.
<br />b. Consistent will the contactors wort force regpirametds
<br />and as peanissible under Federal and State regulations, the
<br />contractor shall make full use o€training programs, i.e.,
<br />apprenliceship, and on-titig-job training programs for Me
<br />geographical area of contract performance. In the evema
<br />special pravisbn for taring Is pmvided mderttris contact,
<br />this subparagraph will be superseded as indicated in the
<br />special provision. The cdntading agency may reserve
<br />banning positions for persons who receive welfare assistance
<br />in accordance with 23 U.S.C. f46(a).
<br />c. The contactor will advise emtployees and applicants for
<br />eagoymerd of available training programs and entrance
<br />requirements for each.
<br />it. The contractor will periodically raview:Um training and
<br />promotion polental ofemployees who are minorities and
<br />worsen and will encourage eligible employees to apply for
<br />such training and;prono6on.
<br />T. unions: If the contaulor renes in whole or in pad upon
<br />unions as a source of employees, the contractor vall use good'
<br />faith efforts to obtain the cooperation of such unions to
<br />Increase opportunities for minotfies and women. Actions by
<br />the contactor, either dteski9i or through a coatactaes
<br />association acting as agent, WN include the procedures set
<br />forth below
<br />a The contacrorw1l use good faith efforts to develop, in
<br />cooperation with the unions, joint training programs aimed
<br />toward qualifying mora minorities and woman for membership
<br />in the unions and Increasing the skills of minoritiesand women
<br />so that they may qualify for higher paying employment.
<br />b.. The celtachor will use good faith efforts to Incorporate an
<br />EEO clause into each union agreement to the end gnat such
<br />union will be contractually bound to refer applicant without
<br />regard to their race, color, religion, sax, national origin, age or
<br />dtsolnitity.
<br />c. The wrdmctex is to obtain information as to the referral
<br />practices and policies of the labor unon except that to the.
<br />extent such Information is within the exclusive possession of
<br />the labor union and such laboruni n refuses to furnish such
<br />information to the contractor, the contractor shall so cenffyto
<br />the contracting agency and shall set forth what efforts have
<br />been made to obtain suchinformation.
<br />d. In the event the union is unable to provide the contractor
<br />with a reasonable flaw of referrals withal the time Nmit set fnnh
<br />in the collective bargaining agreement, the contractor will,
<br />through Independent recruitment agorts, fill the employment
<br />vacancies without regard to race, color, religion, sere national
<br />origin, age a disabift, molting Irl efforts to obtain qualified
<br />andfor qualifiable minodtas and women. The failure of a union
<br />to provide suftciant refenais (even though it is obligated to
<br />provide exclusive refamals under the terms of a collective
<br />bargaining agreement) does not relieve We contractor from the
<br />requirements of this paragraph. len the avert the union referral
<br />practice prevents the contractor frown meeting the obligations
<br />pursuant to Executive Order 11246, as amended, and these
<br />special provisions, men contactor shall immediatelynotify the
<br />contacting agency.
<br />8. Reasonable Accommodation for Applicants
<br />Employees with Disabilities:. The contractor must be familiar
<br />OR 12-05
<br />With the requirements for and comply with the Americans with
<br />Disabilities Act and all rules and regulations established there
<br />under. Employers must provide reasonable accommodation in
<br />all employment activities runless to do so would cause an
<br />undue hardship.
<br />9. Selection of Subcontractors,: Procurement of Materials
<br />and Leasing of Equipment: The cnntmcOrshall nut
<br />dlsedminale on the grounds of race, color, reVgim, sex,
<br />national origin, age or disability in the selection and retention
<br />of subcontractors, including procurement of materials and
<br />teases of equipment The contractor shall take all necessary
<br />and reasonable steps b ensure nondiiscdmination in the
<br />administaton of this contract.
<br />a. The conhaclorshall ratify all potential submntactors and
<br />suppliers and lessors of their EEO obligations undarthis
<br />contact
<br />b. The conlractorwil use good faftn efforts to ensure
<br />subcontractor compliance vrith their EEO obligations_
<br />I9. Assurance Required by 49 CFR 26.13(6):
<br />a The requirements of 49 CFR Pad 26 and the State
<br />DDT's U.S. DOT-2PPmved DBE program are incorporated by
<br />reference_
<br />b. The crantacbr Orsubcontradorshali not ctiscrimmateon
<br />the basis of coca, color, national origin, or sex in the
<br />performance of this contract. The contractor shall carry out
<br />applicable requirements of 49 CFR Pad 26 In the award and
<br />administration of DOT-assigued contracts. Failure by the
<br />contractor to carryout those requirements Is a material bmach
<br />of INS conimcl, which may result in the termination of tris
<br />contractor such other remedy as the contracting agency.
<br />deems appropriate.
<br />11. Records and Reports: The contactor shall keep such
<br />records as necessary to document compliance with the EEO
<br />requirernehts. Such ireeods shall be retained for a padof of
<br />three years folllowing the date of the final payment to the
<br />C01542:101' for all contract weft. and Shall be available at
<br />reasonable Bross and places for inspection by authorized
<br />representatives of the contracting agency and Bre FTiNJA.
<br />a. The records kept bythe contaciorshail document the
<br />fallowing:
<br />(t) Trite number and work hours Of minotdy antl Son,
<br />11111011Y group members and women employed In each work
<br />classification on the project;
<br />(2) The progress and efiods being made in cooperation
<br />with unions, when aWficable, to increase employment
<br />Opportunities for minontes and women; and
<br />(3) The progress and Mile being made in locating, hiring,
<br />training, qualibmil, and nupgredrng Maorites and women;
<br />b. The contactors and subcontractors wfN submitan annual
<br />reportto the contracting agency each July for the duratiorn sof
<br />the project, indicating the number of minority, woman, and
<br />norm-mirodly group eupleyees currently engaged in each work
<br />classification required by the cwdractwork. this Information is
<br />to be reported on Form FI -MA -1391 . The staffing data should
<br />represent the pmject work force an board in all or any pad of
<br />the last payroll peird preceding the and of July. if on-thejrtu
<br />training is being required by special provision, the contactor
<br />Page 12-13
<br />July 31, 2012
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