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EXHIBIT "C"
<br />Local Assistance Procedures Manual Exhibit 12-G
<br />Required Federal -Aid Contract Language
<br />1. Equal Employment Opportunity: Equal Employment
<br />Opportunity (EEO) requirements not to discriminate and to take
<br />affirmative action to assure equal opportunity as set forth under
<br />laws, executive orders, rules, regulations (see 28 CFR Part 35, 29
<br />CFR Part 1630, 29 CFR Parts 1625-1627, 41 CFR Part 60 and 49
<br />CFR Part 27) and orders of the Secretary of Labor as modified by
<br />the provisions prescribed herein, and imposed pursuant to 23 U.S.C.
<br />140, shall constitute the EEO and specific affirmative action
<br />standards for the contractor's project activities under this contract.
<br />The provisions of the Americans with Disabilities Act of 1990 (42
<br />U.S.C. 12101 et seq.) set forth under 28 CFR Part 35 and 29 CFR
<br />Part 1630 are incorporated by reference in this contract. In the
<br />execution of this contract, the contractor agrees to comply with the
<br />following minimum specific requirement activities of EEO:
<br />a. The contractor will work with the contracting agency and the
<br />Federal Government to ensure that it has made every good faith
<br />effort to provide equal opportunity with respect to all of its terms and
<br />conditions of employment and in their review of activities under the
<br />contract. 23 CFR 230.409 (g)(4) & (5).
<br />b. The contractor will accept as its operating policy the following
<br />statement:
<br />"It is the policy of this Company to assure that applicants are
<br />employed, and that employees are treated during employment,
<br />without regard to their race, religion, sex, sexual orientation,
<br />gender identity, color, national origin, age or disability. Such
<br />action shall include: employment, upgrading, demotion, or
<br />transfer; recruitment or recruitment advertising; layoff or
<br />termination; rates of pay or other forms of compensation; and
<br />selection for training, including apprenticeship, pre -
<br />apprenticeship, and/or on-the-job training."
<br />2. EEO Officer: The contractor will designate and make known to
<br />the contracting officers an EEO Officer who will have the
<br />responsibility for and must be capable of effectively administering
<br />and promoting an active EEO program and who must be assigned
<br />adequate authority and responsibility to do so.
<br />3. Dissemination of Policy: All members of the contractor's staff
<br />who are authorized to hire, supervise, promote, and discharge
<br />employees, or who recommend such action or are substantially
<br />involved in such action, will be made fully cognizant of and will
<br />implement the contractor's EEO policy and contractual
<br />responsibilities to provide EEO in each grade and classification of
<br />employment. To ensure that the above agreement will be met, the
<br />following actions will be taken as a minimum:
<br />a. Periodic meetings of supervisory and personnel office
<br />employees will be conducted before the start of work and then not
<br />less often than once every six months, at which time the contractor's
<br />EEO policy and its implementation will be reviewed and explained.
<br />The meetings will be conducted by the EEO Officer or other
<br />knowledgeable company official.
<br />b. All new supervisory or personnel office employees will be given
<br />a thorough indoctrination by the EEO Officer, covering all major
<br />aspects of the contractor's EEO obligations within thirty days
<br />following their reporting for duty with the contractor.
<br />c. All personnel who are engaged in direct recruitment for the
<br />project will be instructed by the EEO Officer in the contractor's
<br />procedures for locating and hiring minorities and women.
<br />d. Notices and posters setting forth the contractor's EEO policy will
<br />be placed in areas readily accessible to employees, applicants for
<br />employment and potential employees.
<br />e. The contractor's EEO policy and the procedures to implement
<br />such policy will be brought to the attention of employees by means of
<br />meetings, employee handbooks, or other appropriate means.
<br />4. Recruitment: When advertising for employees, the contractor will
<br />include in all advertisements for employees the notation: "An Equal
<br />Opportunity Employer." All such advertisements will be placed in
<br />publications having a large circulation among minorities and women
<br />in the area from which the project work force would normally be
<br />derived.
<br />a. The contractor will, unless precluded by a valid bargaining
<br />agreement, conduct systematic and direct recruitment through public
<br />and private employee referral sources likely to yield qualified
<br />minorities and women. To meet this requirement, the contractor will
<br />identify sources of potential minority group employees and establish
<br />with such identified sources procedures whereby minority and women
<br />applicants may be referred to the contractor for employment
<br />consideration.
<br />b. In the event the contractor has a valid bargaining agreement
<br />providing for exclusive hiring hall referrals, the contractor is expected
<br />to observe the provisions of that agreement to the extent that the
<br />system meets the contractor's compliance with EEO contract
<br />provisions. Where implementation of such an agreement has the
<br />effect of discriminating against minorities or women, or obligates the
<br />contractor to do the same, such implementation violates Federal
<br />nondiscrimination provisions.
<br />c. The contractor will encourage its present employees to refer
<br />minorities and women as applicants for employment. Information and
<br />procedures with regard to referring such applicants will be discussed
<br />with employees.
<br />5. Personnel Actions: Wages, working conditions, and employee
<br />benefits shall be established and administered, and personnel actions
<br />of every type, including hiring, upgrading, promotion, transfer,
<br />demotion, layoff, and termination, shall be taken without regard to
<br />race, color, religion, sex, sexual orientation, gender identity, national
<br />origin, age or disability. The following procedures shall be followed:
<br />a. The contractor will conduct periodic inspections of project sites
<br />to ensure that working conditions and employee facilities do not
<br />indicate discriminatory treatment of project site personnel.
<br />b. The contractor will periodically evaluate the spread of wages
<br />paid within each classification to determine any evidence of
<br />discriminatory wage practices.
<br />c. The contractor will periodically review selected personnel actions
<br />in depth to determine whether there is evidence of discrimination.
<br />Where evidence is found, the contractor will promptly take corrective
<br />action. If the review indicates that the discrimination may extend
<br />beyond the actions reviewed, such corrective action shall include all
<br />affected persons.
<br />d. The contractor will promptly investigate all complaints of alleged
<br />discrimination made to the contractor in connection with its
<br />obligations under this contract, will attempt to resolve such
<br />complaints, and will take appropriate corrective action within a
<br />reasonable time. If the investigation indicates that the discrimination
<br />may affect persons other than the complainant, such corrective action
<br />shall include such other persons. Upon completion of each
<br />investigation, the contractor will inform every complainant of all of
<br />their avenues of appeal.
<br />Page 11 of 28
<br />August 2022
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