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EXHIBIT 12-E Local Assistance Procedures Manual <br />Attachment B IPS&E Checklist Instructions <br />ATTACHMENT A - EMPLOYMENT AND MATERIALS <br />PREFERENCE FOR APPALACHIAN DEVELOPMENT <br />HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS <br />ROADCONTRACTS <br />This provision is applicable to at Federaiaid projects funded <br />under the Appalachian Regional Development Act of 1965. <br />1. During the performance of this contract the contractor <br />undertaking to do work which is, or reasonably may be, dote <br />as on-site work, shall give preference to qualified persons who <br />regularly reside in the labor area as designated by the IOL <br />wherein the contract work is situated, orthe subregion. or the <br />Appalachian counties of the State wherein the contract work is <br />situated, except <br />a. To the extent mat qualified persons regularly residing In <br />the area are not available. <br />b. Forthe reasonable needs of the contractor to employ. <br />supervisory of specially experienced Personnel necessary to <br />assure an efficient execulon of the contract work. <br />c. For the obligation of the contractor to after employment N <br />present or former employees as the dasult of a lawful collective <br />bargaining contract provided that the number of nonresident <br />persons employed under this subparagraph (1 c) shall not <br />exceed 20 percent. of Ilse foal number of employees employed <br />by the contractor on the contract work, except as provided in <br />subparagraph (4) below. <br />2_ The contractor shall place ajob order with the State <br />Employment Service indicating (a) the classifications of the <br />laborers, mechanics and other employeesrequired to pefonn <br />the contract work, (b) the number of employees required in <br />each classification, (c) the date on which the participant <br />estimates such employees will be required, and (d) any other <br />pertinent information required by the State Employment <br />Service to complete the job order form. The job order may be <br />placed with the State Employment Service in writing or by <br />telephone_ Ifduring the course of the contract work, the <br />Information SUbrnilted by the contractor in the original job order <br />is substantially modified, the participant shall promptly notify <br />the State Employment Service. <br />3_ The contractor shall give full consideration to all ,quatned <br />jab applicants referred to him by the State Employment <br />Service. The contractor 1. not required to grant emp"at to <br />any job applicants who, in his opinion, are W qualified to <br />perform the dassificadot of work required. <br />4. ff, within one went- following Ota placing of a job order by <br />the contractor with the State Employment Service, the State <br />Employment Service is unable to refer any qualftiedjob <br />applicants to the contractor, or less than the number <br />requested, the State Employment Service will forward a <br />certificate to the contractor indicating the unavailability of <br />applicants. Such certificate shall be made a part of the <br />contractor's permanent project records. Upon receiptof this <br />cardficate, the contractor may employ persons who do not <br />normally reside in the labor area to fill positions covered by the <br />certificate, notwithstanding the prunsfons of subparagraph( c) <br />above. <br />5. The provisions of 23 CFR 633.207(e) allow the <br />contracting agencyto provide a contractual preference forthe <br />use of mineral resource materials native to the Appalachian <br />region <br />IN <br />fi. The contractor shall Include the provfsfons of Sections 1 <br />through 4 of this Attachment In e%%IY subcontract for werk <br />which is, of reasons* may be, dme as on-site work. <br />Page 12-22 <br />July 31, 2012.OB 12-05 <br />