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<br />Fulton Street Pedestrian Bicycle Corridor PAGE 32 OF 114 CONTRACT
<br />FEDERAL AID # TAP-0420(026)
<br />WO #3785 September 6, 2024
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<br />Provision provided that the Contractor actively participates in the group, makes every 1
<br />effort to assure that the group has a positive impact on the employment of minorities 2
<br />and women in the industry, ensure that the concrete benefits of the program are 3
<br />reflected in the Contractor's minority and female work -force participation, makes a 4
<br />good faith effort to meet its individual goals and timetables, and can provide access 5
<br />to documentation which demonstrate the effectiveness of actions taken on behalf of 6
<br />the Contractor. The obligation to comply, however, is the Contractor's and failure of 7
<br />such a group to fulfill an obligation shall not be a defense for the Contractor's 8
<br />noncompliance. 9
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<br />9. A single goal for minorities and a separate single goal for women have been 11
<br />established. The Contractor, however, is required to provide equal employment 12
<br />opportunity and to take affirmative action for all minority groups, both male and 13
<br />female, and all women, both minority and non -minority. Consequently, the Contractor 14
<br />may be in violation of the Executive Order if a particular group is employed in 15
<br />substantially disparate manner (for example, even though the Contractor has 16
<br />achieved its goals for women generally, the Contractor may be in violation of the 17
<br />Executive Order if a specific minority group of women is underutilized). 18
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<br />10. The Contractor shall not use the goals and timetables or affirmative action standards 20
<br />to discriminate against any person because of race, color, religion, sex, or national 21
<br />origin. 22
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<br />11. The Contractor shall not enter into any subcontract with any person or firm debarred 24
<br />from Government contracts pursuant to Executive Order 11246. 25
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<br />12. The Contractor shall carry out such sanctions and penalties for violation of these 27
<br />specifications and of the Equal Opportunity Clause, including suspensions, 28
<br />terminations and cancellations of existing subcontracts as may be imposed or 29
<br />ordered pursuant to Executive Order 11246, as amended, and its implementing 30
<br />regulations by the Office of Federal Contract Compliance Programs. Any Contractor 31
<br />who fails to carry out such sanctions and penalties shall be in violation of these 32
<br />specifications and Executive Order 11246, as amended. 33
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<br />13. The Contractor, in fulfilling its obligations under these specifications, shall implement 35
<br />specific affirmative action steps, at least as extensive as those standards prescribed 36
<br />in paragraph 7 of this Special Provision, so as to achieve maximum results from its 37
<br />efforts to ensure equal employment opportunity. If the Contractor fails to comply with 38
<br />the requirements of the Executive Order, the implementing regulations, or these 39
<br />specifications, the Director shall proceed in accordance with 41 CFR 60 -4.8. 40
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<br />14. The Contractor shall designate a responsible official to monitor all employment 42
<br />related activity to ensure that the company EEO policy is being carried out, to submit 43
<br />reports relating to the provisions hereof as may be required by the government and 44
<br />to keep records. Records shall at least include, for each employee, their name, 45
<br />address, telephone numbers, construction trade, union affiliation if any, employee 46
<br />identification number when assigned, social security number, race, sex, status (e.g., 47
<br />mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours 48
<br />worked per week in the indicated trade, rate of pay, and locations at which the work 49
<br />was performed. Records shall be maintained in an easily understandable and 50
<br />retrievable form; however, to the degree that existing records satisfy this requirement, 51
<br />the Contractors will not be required to maintain separate records. 52
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