Pellco Construction, Inc. 6/22/2016

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 3 or through an association, its affirmative action obligations on all work in the Plan 4 area (including goals and timetables) shall be in accordance with that Plan for 5 those trades which have unions participating in the Plan. Contractors must be able 6 to demonstrate their participation in and compliance with the provisions of any such 7 Hometown Plan. Each Contractor or Subcontractor participating in an approved 8 Plan is individually required to comply with its obligations under the EEO clause, 9 and to make a good faith effort to achieve each goal under the Plan in each trade 10 in which it has employees. The overall good faith performance by other 11 Contractors or Subcontractors toward a goal in an approved Plan does not excuse 12 any covered Contractor's or Subcontractor's failure to take good faith effort to 13 achieve the Plan 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 20 which it has employees in the covered area. Covered construction contractors 21 performing construction work in geographical areas where they do not have a 22 Federal or federally assisted construction contract shall apply the minority and 23 female goals established for the geographical area where the work is being 24 performed. The Contractor is expected to make substantially uniform progress in 25 meeting its goals in 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 29 either 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 34 counted in meeting the goals, such apprentices and trainees must be employed by 35 the 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 Contractors compliance with these 42 specifications shall be based upon its effort to achieve maximum results from its 43 action. The Contractor shall document these efforts fully, and shall implement 44 affirmative action 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. 50 The Contractor shall specifically ensure that all foremen, superintendents, 51 and other on-site supervisory personnel are aware of and carry out the HAWTHORNE ELEMENTARY SAFE ROUTES TO SCHOOL FED AID#SRTS-0420(021); COE#3540 SP-32 March 16,2016