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Reso 2009-1495
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Reso 2009-1495
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Last modified
9/30/2010 11:13:54 AM
Creation date
9/30/2010 11:12:10 AM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2009-1495
Date (mm/dd/yyyy)
10/29/2009
Description
Bid 09-09-01/Agmt w/Tenex: Median Closure/Collins Ave Streetscape Imp
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<br />.~ .. <br /> <br />.. <br /> <br />ATTACHMENT A. EMPLOYMENT PREFERENCE FOR <br />APPALACHIAN CONTRACTS <br />(Applicable to Appalachian contracts only.) <br /> <br />1. During the performance of this contract, the contractor under- <br />taking to do work which is. or reasonably may be, done as on-site <br />work, shall give preference to qualified persons who regularly reside <br />in the labor area as designated by the DOL wherein the contract work <br />is situated, or the subregion, or the Appalachian counties of the State <br />wherein the contract work is situated, except: <br /> <br />a. To the extent that qualified persons regularly residing in <br />the area are not available. <br /> <br />b. For the reasonable needs of the contractor to employ <br />supervisory or specially experienced personnel necessary to assure <br />an efficient execution of the contract work. <br /> <br />c. For the obligation of the contractor to offer employment to <br />present or former employees as the result of a lawful collective <br />bargaining contract, provided that the number of nonresident persons <br />employed under this subparagraph 1 c shall not exceed 20 percent of <br />the total number of employees employed by the contractor on the <br />contract work, except as provided in subparagraph 4 below. <br /> <br />2. The contractor shall place a job order with the State Employ- <br />ment Service indicating (a) the classifications of the laborers, <br />mechanics and other employees required to perform the contract <br />work, (b) the number of employees required in each classification, <br /> <br />Form FHWA-1273 (Rev. 3-94) <br /> <br />- <br /> <br />(c) the date on which he estimates such employees will be required, <br />and (d) any other pertinent information required by the State Employ- <br />ment Service to complete the job order form. The job order may be <br />placed with the State Employment Service in writing or by telephone. <br />If during the course of the contract work, the information submitted by <br />the contractor in the original job order is substantially modified, he <br />shall promptly notify the State Employment Service. <br /> <br />3. The contractor shall give full consideration to all qualified job <br />applicants referred to him by the State Employment Service. The <br />contractor is not required to grant employment to any job applicants <br />who, in his opinion, are not qualified to perform the classification of <br />work required. <br /> <br />4. If, within 1 week following the placing of a job order by the <br />contractor with the State Employment Service, the State Employment <br />Service is unable to refer any qualified job applicants to the contrac- <br />tor, or less than the number requested, the State Employment <br />Service will forward a certificate to the contractor indicating the <br />unavailability of applicants. Such certificate shall be made a part of <br />the contractor's permanent project records. Upon receipt of this <br />certificate, the contractor may employ persons who do not normally <br />reside in the labor area to fill positions covered by the certificate, <br />notwithstanding the provisions of subparagraph 1 c above. <br /> <br />5. The contractor shall include the provisions of Sections 1 <br />through 4 of this Attachment A in every subcontract for work which is, <br />or reasonably may be, done as on-site work. <br /> <br />Page 9 <br />
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