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Edgewater Creek Bridge Replacement November 2023 39 required to comply with its obligations under the EEO clause, and to make a good 1 faith effort to achieve each goal under the Plan in each trade in which it has 2 employees. The overall good faith performance by other Contractors or 3 subcontractors toward a goal in an approved Plan does not excuse any covered 4 Contractor's or subcontractor's failure to take good faith effort to achieve the Plan 5 goals and timetables. 6 7 4. The Contractor shall implement the specific affirmative action standards provided in 8 paragraphs 7a through 7p of this Special Provision. The goals set forth in the 9 solicitation from which this contract resulted are expressed as percentages of the 10 total hours of employment and training of minority and female utilization the 11 Contractor should reasonably be able to achieve in each construction trade in which 12 it has employees in the covered area. Covered construction contractors performing 13 construction work in geographical areas where they do not have a Federal or 14 federally assisted construction contract shall apply the minority and female goals 15 established for the geographical area where the work is being performed. The 16 Contractor is expected to make substantially uniform progress in meeting its goals in 17 each craft during the period specified. 18 19 5. Neither the provisions of any collective bargaining agreement, nor the failure by a 20 union with whom the Contractor has a collective bargaining agreement, to refer either 21 minorities or women shall excuse the Contractor's obligations under these 22 specifications, Executive Order 11246, or the regulations promulgated pursuant 23 thereto. 24 25 6. In order for the nonworking training hours of apprentices and trainees to be counted 26 in meeting the goals, such apprentices and trainees must be employed by the 27 Contractor during the training period, and the Contractor must have made a 28 commitment to employ the apprentices and trainees at the completion of their 29 training, subject to the availability of employment opportunities. Trainees must be 30 trained pursuant to training programs approved by the U.S. Department of Labor. 31 32 7. The Contractor shall take specific affirmative actions to ensure equal employment 33 opportunity. The evaluation of the Contractor's compliance with these specifications 34 shall be based upon its effort to achieve maximum results from its action. The 35 Contractor shall document these efforts fully, and shall implement affirmative action 36 steps at least as extensive as the following: 37 38 a. Ensure and maintain a working environment free of harassment, 39 intimidation, and coercion at all sites, and in all facilities at which the 40 Contractor's employees are assigned to work. The Contractor, where 41 possible, will assign two or more women to each construction project. The 42 Contractor shall specifically ensure that all foremen, superintendents, and 43 other on-site supervisory personnel are aware of and carry out the 44 Contractor's obligation to maintain such a working environment, with 45 specific attention to minority or female individuals working at such sites or 46 in such facilities. 47 48 b. Establish and maintain a current list of minority and female recruitment 49 sources, provide written notification to minority and female recruitment 50 sources and to community organizations when the Contractor or its unions 51