McCann Construction Enterprises Inc 11/7/2018

I 1 through an association, its affirmative action obligations on all work in the Plan area 2 (including goals and timetables) shall be in accordance with that Plan for those 3 trades which have unions participating in the Plan. Contractors must be able to I 4 demonstrate their participation in and compliance with the provisions of any such 5 Hometown Plan. Each Contractor or Subcontractor participating in an approved 6 Plan is individually required to comply with its obligations under the EEO clause, and I 7 to make a good faith effort to achieve each goal under the Plan in each trade in which 8 it has employees. The overall good faith performance by other Contractors or 9 Subcontractors toward a goal in an approved Plan does not excuse any covered I 10 Contractor's or Subcontractor's failure to take good faith effort to achieve the Plan 11 goals and timetables. 12 13 4. The Contractor shall implement the specific affirmative action standards provided in 14 paragraphs 7a through 7p of this Special Provision. The goals set forth in the 15 solicitation from which this contract resulted are expressed as percentages of the I 16 total hours of employment and training of minority and female utilization the 17 Contractor should reasonably be able to achieve in each construction trade in which 18 it has employees in the covered area. Covered construction contractors performing 19 construction work in geographical areas where they do not have a Federal or il 20 federally assisted construction contract shall apply the minority and female goals 21 established for the geographical area where the work is being performed. The 22 Contractor is expected to make substantially uniform progress in meeting its goals 23 in each craft during the period specified. 24 I 25 5. Neither the provisions of any collective bargaining agreement, nor the failure by a I 26 27 union with whom the Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractor's obligations under these 28 specifications, Executive Order 11246, or the regulations promulgated pursuant I 29 thereto. 30 31 6. In order for the nonworking training hours of apprentices and trainees to be counted I 32 in meeting the goals, such apprentices and trainees must be employed by the 33 Contractor during the training period, and the Contractor must have made a 34 commitment to employ the apprentices and trainees at the completion of their 35 training, subject to the availability of employment opportunities. Trainees must be I36 trained pursuant to training programs approved by the U.S. Department of Labor. 37 38 7. The Contractor shall take specific affirmative actions to ensure equal employment I 39 opportunity. The evaluation of the Contractor's compliance with these specifications 40 shall be based upon its effort to achieve maximum results from its action. The 41 Contractor shall document these efforts fully, and shall implement affirmative action I 42 steps at least as extensive as the following: 43 44 a. Ensure and maintain a working environment free of harassment, I 45 intimidation, and coercion at all sites, and in all facilities at which the 46 Contractor's employees are assigned to work. The Contractor, where 47 possible, will assign two or more women to each construction project. The I 48 Contractor shall specifically ensure that all foremen, superintendents, and 49 other on-site supervisory personnel are aware of and carry out the 50 Contractor's obligation to maintain such a working environment, with I N. BROADWAY TRANSIT IMPROVEMENT PROJECT ISTATE FUND#GCB2316; COE WO#3644 33 August 8, 2018