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I <br /> I <br /> 1 2. Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion <br /> I 2 of the work involving any construction trade, it shall physically include in each <br /> 3 subcontract in excess of $10,000 the provisions of these specifications and the <br /> 4 Notice which contains the applicable goals for minority and female participation and <br /> I 5 which is set forth in the solicitations from which this contract resulted. <br /> 6 <br /> 7 3. If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan <br /> 8 approved by the U.S. Department of Labor in the covered area either individually <br /> I 9 or through an association, its affirmative action obligations on all work in the Plan <br /> 10 area (including goals and timetables) shall be in accordance with that Plan for <br /> 11 those trades which have unions participating in the Plan. Contractors must be able <br /> I 12 to demonstrate their participation in and compliance with the provisions of any such <br /> 13 Hometown Plan. Each Contractor or Subcontractor participating in an approved <br /> 14 Plan is individually required to comply with its obligations under the EEO clause, <br /> I15 and to make a good faith effort to achieve each goal under the Plan in each trade <br /> 16 in which it has employees. The overall good faith performance by other <br /> 17 Contractors or Subcontractors toward a goal in an approved Plan does not excuse <br /> I 18 any covered Contractor's or Subcontractor's failure to take good faith effort to <br /> 19 achieve the Plan goals and timetables. <br /> 20 <br /> 21 4. The Contractor shall implement the specific affirmative action standards provided in <br /> 22 paragraphs 7a through 7p of this Special Provision. The goals set forth in the <br /> 23 solicitation from which this contract resulted are expressed as percentages of the <br /> 24 total hours of employment and training of minority and female utilization the <br /> 111 25 Contractor should reasonably be able to achieve in each construction trade in <br /> 26 which it has employees in the covered area. Covered construction contractors <br /> 27 performing construction work in geographical areas where they do not have a <br /> I 28 Federal or federally assisted construction contract shall apply the minority and <br /> 29 female goals established for the geographical area where the work is being <br /> 30 performed. The Contractor is expected to make substantially uniform progress in <br /> I 31 meeting its goals in each craft during the period specified. <br /> 32 <br /> 33 5. Neither the provisions of any collective bargaining agreement, nor the failure by a <br /> I 34 union with whom the Contractor has a collective bargaining agreement, to refer <br /> 35 either minorities or women shall excuse the Contractor's obligations under these <br /> 36 specifications, Executive Order 11246, or the regulations promulgated pursuant <br /> 37 thereto. <br /> 138 <br /> 39 6. In order for the nonworking training hours of apprentices and trainees to be <br /> 40 counted in meeting the goals, such apprentices and trainees must be employed by <br /> 111 41 the Contractor during the training period, and the Contractor must have made a <br /> 42 commitment to employ the apprentices and trainees at the completion of their <br /> 43 training, subject to the availability of employment opportunities. Trainees must be <br /> I 44 trained pursuant to training programs approved by the U.S. Department of Labor. <br /> 45 <br /> 46 7. The Contractor shall take specific affirmative actions to ensure equal employment <br /> 47 opportunity. The evaluation of the Contractor's compliance with these <br /> I 48 specifications shall be based upon its effort to achieve maximum results from its <br /> 49 action. The Contractor shall document these efforts fully, and shall implement <br /> 50 affirmative action steps at least as extensive as the following: <br /> 51 <br /> I 41'`STREET TO WMVD FREIGHT <br /> CORRIDOR IMPROVEMENTS <br /> FED AID#STPUL-9931(012); PW#3472 SP-39 February 10,2016 <br />