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I <br /> 1 solicitation from which this contract resulted are expressed as percentages of the <br /> I 2 total hours of employment and training of minority and female utilization the <br /> 3 Contractor should reasonably be able to achieve in each construction trade in which <br /> 4 it has employees in the covered area. Covered construction contractors performing <br /> I 5 construction work in geographical areas where they do not have a Federal or <br /> 6 federally assisted construction contract shall apply the minority and female goals <br /> 7 established for the geographical area where the work is being performed. The <br /> I 8 Contractor is expected to make substantially uniform progress in meeting its goals in <br /> 9 each craft during the period specified. <br /> 10 <br /> 11 5. Neither the provisions of any collective bargaining agreement, nor the failure by a <br /> 12 union with whom the Contractor has a collective bargaining agreement, to refer either <br /> 13 minorities or women shall excuse the Contractor's obligations under these <br /> 14 specifications, Executive Order 11246, or the regulations promulgated pursuant <br /> I 15 thereto. <br /> 16 <br /> 17 6. In order for the nonworking training hours of apprentices and trainees to be counted <br /> I 18 in meeting the goals, such apprentices and trainees must be employed by the <br /> 19 Contractor during the training period, and the Contractor must have made a <br /> 20 commitment to employ the apprentices and trainees at the completion of their <br /> I <br /> 21 22 training, subject to the availability of employment opportunities. Trainees must be <br /> trained pursuant to training programs approved by the U.S. Department of Labor. <br /> 23 <br /> 24 7. The Contractor shall take specific affirmative actions to ensure equal employment <br /> I25 opportunity. The evaluation of the Contractor's compliance with these specifications <br /> 26 shall be based upon its effort to achieve maximum results from its action. The <br /> 27 Contractor shall document these efforts fully, and shall implement affirmative action <br /> I 28 steps at least as extensive as the following: <br /> 29 <br /> 30 a. Ensure and maintain a working environment free of harassment, <br /> I 31 intimidation, and coercion at all sites, and in all facilities at which the <br /> 32 Contractor's employees are assigned to work. The Contractor, where <br /> 33 possible, will assign two or more women to each construction project. The <br /> I 34 Contractor shall specifically ensure that all foremen, superintendents, and <br /> 35 other on-site supervisory personnel are aware of and carry out the <br /> 36 Contractor's obligation to maintain such a working environment, with <br /> 37 specific attention to minority or female individuals working at such sites or <br /> I 38 in such facilities. <br /> 39 <br /> 40 b. Establish and maintain a current list of minority and female recruitment <br /> 41 sources, provide written notification to minority and female recruitment <br /> 42 sources and to community organizations when the Contractor or its unions <br /> 43 have employment opportunities available, and maintain a record of the <br /> I 44 organizations' responses. <br /> 45 <br /> 46 c. Maintain a current file of the names, addresses and telephone numbers of <br /> I 47 each minority and female off-the-street applicant and minority or female <br /> 48 referral from a union, a recruitment source or community organization and <br /> 49 of what action was taken with respect to each such individual. If such <br /> 50 individual was sent to the union hiring hall for referral and was not referred <br /> 51 back to the Contractor by the union or, if referred, not employed by the <br /> I <br /> FLEMING BICYCLE CORRIDOR 31 <br /> IPW 3767 November 15, 2022 <br />