Earthwork Solutions, LLC 1/15/2025

Fulton Street Pedestrian Bicycle Corridor PAGE 29 OF 114 CONTRACT FEDERAL AID # TAP-0420(026) WO #3785 September 6, 2024 1 3. If the Contractor is participating (pursuant to 41 CFR 60 -4.5) in a Hometown Plan 2 approved by the U.S. Department of Labor in the covered area either individually or 3 through an association, its affirmative action obligations on all work in the Plan area 4 (including goals and timetables) shall be in accordance with that Plan for those trades 5 which have unions participating in the Plan. Contractors must be able to demonstrate 6 their participation in and compliance with the provisions of any such Hometown Plan. 7 Each Contractor or subcontractor participating in an approved Plan is individually 8 required to comply with its obligations under the EEO clause, and to make a good 9 faith effort to achieve each goal under the Plan in each trade in which it has 10 employees. The overall good faith performance by other Contractors or 11 subcontractors toward a goal in an approved Plan does not excuse any covered 12 Contractor's or subcontractor's failure to take good faith effort to achieve the Plan 13 goals and timetables. 14 15 4. The Contractor shall implement the specific affirmative action standards provided in 16 paragraphs 7a through 7p of this Special Provision. The goals set forth in the 17 solicitation from which this contract resulted are expressed as percentages of the 18 total hours of employment and training of minority and female utilization the 19 Contractor should reasonably be able to achieve in each construction trade in which 20 it has employees in the covered area. Covered construction contractors performing 21 construction work in geographical areas where they do not have a Federal or 22 federally assisted construction contract shall apply the minority and female goals 23 established for the geographical area where the work is being performed. The 24 Contractor is expected to make substantially uniform progress in meeting its goals in 25 each craft during the period specified. 26 27 5. Neither the provisions of any collective bargaining agreement, nor the failure by a 28 union with whom the Contractor has a collective bargaining agreement, to refer either 29 minorities or women shall excuse the Contractor's obligations under these 30 specifications, Executive Order 11246, or the regulations promulgated pursuant 31 thereto. 32 33 6. In order for the nonworking training hours of apprentices and trainees to be counted 34 in meeting the goals, such apprentices and trainees must be employed by the 35 Contractor during the training period, and the Contractor must have made a 36 commitment to employ the apprentices and trainees at the completion of their 37 training, subject to the availability of employment opportunities. Trainees must be 38 trained pursuant to training programs approved by the U.S. Department of Labor. 39 40 7. The Contractor shall take specific affirmative actions to ensure equal employment 41 opportunity. The evaluation of the Contractor's compliance with these specifications 42 shall be based upon its effort to achieve maximum results from its action. The 43 Contractor shall document these efforts fully, and shall implement affirmative action 44 steps at least as extensive as the following: 45 46 a. Ensure and maintain a working environment free of harassment, 47 intimidation, and coercion at all sites, and in all facilities at which the 48 Contractor's employees are assigned to work. The Contractor, where 49 possible, will assign two or more women to each construction project. The 50 Contractor shall specifically ensure that all foremen, superintendents, and 51 other on-site supervisory personnel are aware of and carry out the 52