I-26-2051_CMGC EEO Special Provisions_Attachment5_09172026.pdf

Illinois State Toll Highway Authority

ATTACHMENT #5 – Special Provisions for Equal Employment Opportunity

SPECIAL PROVISIONS FOR EQUAL EMPLOYMENT OPPORTUNITY

1. OBJECTIVE OF THE EQUAL EMPLOYMENT OPPORTUNITY PROGRAM (EEO):

To promote equality of employment opportunity for all individuals including veteran, minority, and female tradespersons on Illinois State Toll Highway Authority (“Illinois Tollway”) capital construction projects.

In its efforts to achieve this equality, it is the desire of Illinois Tollway to follow the guidelines as instituted by the United States Department of Labor, Office of Federal Contract Compliance Programs (“OFCCP”) as established through Executive Order 11246 and by Title VII of the Civil Rights Act of 1964, the Illinois

Department of Human Rights (IDHR) as established through the Illinois Human Rights Act, 775 ILCS 5/1-

101, et seq., and State of Illinois Executive Order 15-2, Executive Order To Ensure Equal Opportunity Is

Provided To All Illinois Persons And Businesses.

2. CONTRACTOR ASSURANCE:

The CM/GC Contractor will assure that each of its employees and its subcontractors’ employees associated with the contract shall not discriminate on the basis of any protected category identified by law in the performance of this contract in compliance with Title VII of the Civil Rights Act of 1964 found in 42 U.S.C

§ 2000e, et seq and Illinois state laws. Discrimination is the unfair treatment or denial of normal privileges to persons because of any characteristic protected by law. The Illinois Tollway encourages the prompt reporting of incidents of suspected discrimination, harassment or retaliation, regardless of the offender’s identity or position. In the event of the CM/GC Contractor's non-compliance with this Equal Employment

Opportunity Special Provision, the CM/GC Contractor may be declared ineligible for future contracts or subcontracts with the State of Illinois or any of its political subdivisions or municipal corporations, and the contract may be cancelled or voided in whole or in part, and other remedies invoked as provided by statute or regulation.

3. EEO GOAL TO BE ACHIEVED BY THE CM/GC CONTRACTOR:

The EEO goals set by the U.S. Dept. of Labor - Office of Federal Contract Compliance Programs

(“OFCCP”) for construction trade workers in the Chicago area, which is provided through Executive Order

11246, apply to this Contract. The EEO goals are measured through the following percentages of construction aggregated work hours in each of the categories.

Women: at least 6.9 percent for all contracts.

Minorities: set on a contract basis, dependent upon the county where the work will be performed. The

Minority Goal for this contract is 19.6%.

ILLINOIS COUNTY CURRENT FEDERAL GOAL % FOR MINORITIES ILLINOIS COUNTY

CURRENT FEDERAL GOAL % FOR MINORITIES

BOONE 6.3 LAKE 19.6

BUREAU 18.4 LASALLE 18.4

COOK 19.6 LEE 4.6

DEKALB 18.4 MCHENRY 19.6

DUPAGE 19.6 OGLE 4.6

GRUNDY 18.4 ROCK ISLAND 4.6

HENRY 4.6 STEPHENSON 4.6

IROQUOIS 18.4 WHITESIDE 3.4

KANE 19.6 WILL 19.6

KENDALL 18.4 WINNEBAGO 6.3

4. DEFINITIONS OF ETHNIC CLASSIFICATIONS:

AMERICAN INDIAN OR ALASKA NATIVE:

Persons having origins in any of the original peoples of North and South American (including Central

America), and who maintain tribal affiliation or community attachment.

ASIAN:

Persons having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian

Subcontinent, including for example Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the

Philippine Islands, Thailand, and Vietnam.

BLACK OR AFRICAN AMERICAN:

Persons having origins in any of the Black racial groups of Africa.

HISPANIC:

Persons of Mexican, Puerto Rican, Cuban, Central American, South American, or other Spanish culture or origin, regardless of race.

NATIVE HAWAIIAN OR OTHER PACIFIC ISLANDER

Persons having origins in any of the original peoples of Hawaii, Guam, Samoa or other Pacific Islands.

5. CONTRACT PERFORMANCE

During the performance of this Contract, the CM/GC Contractor agrees as follows, as required by the

Illinois Department of Human Rights (IDHR) at 44 Ill. Admin. Code 750 (Appendix A):

5.1 That, EEO Form 1256DB, Workforce Projection is required no later than the 30th calendar day before construction is scheduled to begin on the Project. The completed form should be emailed to:

contractcompliance@getipass.com..

5.2 That it will not discriminate against any protected category identified by law; and further that it will examine all job classifications to determine if minority persons or women are underutilized and will take appropriate affirmative action to rectify any such underutilization.

5.3 That, if it hires additional employees in order to perform this contract or any portion thereof, it will determine the availability (in accordance with IDHR’s rules) of minorities and women in the area(s) from which it may reasonably recruit and it will hire for each job classification for which employees are hired in such a way that minorities and women are not underutilized.

5.4 That, in all solicitations or advertisements for employees placed by it or on its behalf, it will state that all applicants will be afforded equal opportunity without discrimination of any protected category identified by law.

5.5 That it will send to each labor organization or representative of workers with which it has or is bound by a collective bargaining or other agreement or understanding, a notice advising such labor organization or representative of the CM/GC Contractor's obligations under the Illinois Human Rights Act and the IDHR's Rules. If any such labor organization or representative fails or refuses to cooperate with the

CM/GC Contractor in its efforts to comply with such Act and Rules, the CM/GC Contractor will promptly so notify the IDHR and the contracting agency and will recruit employees from other sources such as the construction works program when necessary to fulfill its obligations thereunder.

5.6 That it will submit reports as required by the IDHR’s Rules, furnish all relevant information as may from time to time be requested by the IDHR or The Illinois Tollway, and in all respects comply with the

Illinois Human Rights Act and the IDHR’s Rules.

5.7 That it will abide by the audit clause of the contract.

5.8 That it will include verbatim or by reference the provisions of this clause in every subcontract it awards under which any portion of the contract obligations are undertaken or assumed, so that such provisions will be binding upon such subcontractor. In the same manner as with other provisions of this contract, the CM/GC Contractor will be liable for compliance with applicable provisions of this clause by such subcontractors; and further it will promptly notify the contracting agency and the IDHR in the event any subcontractor fails or refuses to comply therewith. In addition, the CM/GC Contractor will not utilize any subcontractor declared by the Illinois Human Rights Commission to be ineligible for contracts or subcontracts with the State of Illinois or any of its political subdivisions or municipal corporations.

5.9 That it will participate in the qualifying ConstructionWorks (CW) program for the construction

Work on the Project. This incentive will provide wage reimbursement to CM/GC Contractor and its contractors who employ CW participants within the following skilled trades: i.e., Operating Engineers, Electricians, Iron workers, Carpenters, Cement Masons, etc. Performing on the Project. The CW wage reimbursement incentive promotes the employment and retention of CW Eligible Apprentices in their acquisition of the prerequisite skills needed to achieve journey worker status in the top skilled trades predominately utilized within Tollway heavy highway and related transportation construction industries.

CW encourages retention and utilization of historically underrepresented individuals such as minorities, women, veterans, ex-offenders and economically disadvantaged individuals on Illinois Tollway projects.

5.10 ConstructionWorks offers incentives for hires working on Illinois Tollway projects. First Level

Incentive—Contractors earn bid credits to be used on future Tollway construction bids to lower their bid amount and increasing the chances of winning the contract, for each dollar paid to ConstructionWorks hires on any public works project in the state of Illinois. Second Level Incentive – Contractors earn an additional

$15 per work hour cash wage reimbursement for ConstructionWorks apprentice hires, for all trades up to

$100,000 in wage reimbursements when employed on Illinois Tollway projects. Even though bid credit can be earned for the work performed on CM/GC projects, they cannot be used for the procurement and award of CM/GC projects. Those earned credits can be used for future Illinois Tollway construction work.

5.11 That it will participate in the Illinois Works Apprenticeship Initiative (“10% apprenticeship goal”)

Program which is applicable for projects estimated to cost $500,000 or more pursuant to the Illinois Works

Jobs Program Act, 30 ILCS 559/20-1, et seq. The goal of the program is that apprentices will perform either 10% of the total labor hours actually worked in each prevailing wage classification or 10% of the estimated labor hours in each prevailing wage classification, whichever is less. The 10% apprenticeship goal program applies to projects being paid for in whole or in part by appropriated capital funds to construct a public work either through a contract or grant issued by a State agency.

5.12 The CM/GC Contractor will designate and make known an EEO Officer to the Illinois Tollway.

6. CALCULATING EEO PERFORMANCE, CREDIT TOWARDS THE USDOL OFCCP GOALS

AND VETERAN PARTICIPATION FOR ILLINOIS EXECUTIVE ORDER 15-12:

Actual amounts of minority, female, and veteran work will be measured for the total hours of construction workers employed on the contract within each of the categories of journeyworker, apprentice and laborer by the CM/GC Contractor and all of the worksite subcontractors. Minority female trade worker hours are counted in applicable ethnic category, in the veteran category if applicable and also in the female category.

In the certified payroll reports, the following ethnic categories should be used to indicate minority personnel for purposes of reporting compliance with the weekly certified payroll report: American Indian/Alaska

Native, Asian, Black/African American, Hispanic and Native Hawaiian/Other Pacific Islander.

Included in the certified payrolls, as "Apprentices" are only bona fide apprentices currently in the Illinois

Works Apprenticeship Initiative and hours credited towards the EEO Program are only those hours the apprentice was employed at the construction site on the project. "Journeyworkers" are the construction site journeyworkers from the major trades. Other "Helpers", watchmen, custodial workers, clerical workers, and salaried superintendents are not creditable in the formula. Hourly wage "Forepersons" and

"Forepersons" otherwise known as working forepersons, will be counted as journeyworkers for purposes of the EEO Program reporting.

In addition to the timely submission of certified payroll required by the Prevailing Wage Act, 820 ILCS

130/1, et seq., as required by the Contract, the CM/GC Contractor must have submitted all certified payrolls for the CM/GC Contractor and all subcontractors before the CM/GC Contractor submits its request for the final release of retention and the final waiver of lien. No adjustments to certified payrolls will be accepted after the transmission of the final waiver of lien.

The CM/GC Contractor and each subcontractor shall permit its employees to be interviewed on the job, during working hours, by compliance personnel of Illinois Tollway, IDHR or the Department of Labor regarding compliance with the terms of this Special Provision.

7. REQUIRED EEO REPORTING INTO CAPTURE SYSTEM

The CM/GC Contractor is responsible for submitting certified payroll to the Illinois Department of labor

(IDOL) and uploading a copy of the transcript of the certified payroll to the Illinois Tollway’s B2Gnow

System along with the EEO hours worked in Capture. CM/GC Contractor is responsible for uploading subcontractor certified payroll transcripts to the Illinois Tollway’s system, including all properly executed certifications, organized by contract for every construction worksite. Information must be submitted in

B2GNow and Capture no later than the 25th of the month for the prior months payroll data (i.e. Payroll provided to IDOL for the month of December is due in B2GNow and Capture by the25th of January). Note:

Questions concerning the certified payroll submission should be directed to IDOL. Failure to report fully all required workforce information will cause a delay in processing the CM/GC Contractor’s pay estimates.

Disclosure of this information is required. Patterns of delinquent reporting may be cause to terminate this contract or such other remedy as the Illinois Tollway deems appropriate.

8. SUBCONTRACTOR OBLIGATIONS:

The CM/GC Contractor is required to clearly identify the specific performance obligations that each subcontractor has toward assisting the CM/GC Contractor in meeting the EEO goals in their subcontract agreements.

In the same manner as with other provisions of this contract, the CM/GC Contractor will be responsible for compliance with applicable provisions of this clause by such subcontractors; and furthermore it will promptly notify the Illinois Tollway and the IDHR in the event any subcontractor fails or refuses to comply therewith. In addition, the CM/GC Contractor will not utilize any subcontractor declared by the Illinois

Human Rights Commission to be ineligible for contracts or subcontracts with the State of Illinois or any of its political subdivisions or municipal corporations.

9. GOOD FAITH EFFORT PROCEDURES:

If the Illinois Tollway determines that the CM/GC Contractor and/or its subcontractors are not in compliance with the EEO goals, the Illinois Tollway will notify the CM/GC Contractor of said non-compliance. The CM/GC Contractor must submit a Corrective Action Plan within fifteen (15) business days of the date of its receipt of the notice of non-compliance. The Corrective Action Plan must contain evidence of good faith efforts the CM/GC Contractor has made in an effort to meet the EEO goals and outline the additional good faith efforts the CM/GC Contractor will be making, including but not limited to timelines, through the remaining life of the contract.

10. CORRECTIVE ACTION PLAN:

The Corrective Action Plan must show that the CM/GC Contractor made good faith efforts, taking all necessary and reasonable steps to achieve the stated EEO goals. Necessary and reasonable steps are those that could reasonably be expected to employ and retain a sufficient number of minority and female trade workers to meet or exceed the federally set EEO goals for the Illinois county in which work is performed.

Examples of Good Faith Efforts include, but are not limited to, the following:

• Establish and maintain a current list of minority, veteran and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the

CM/GC Contractor or its labor organizations have employment opportunities available, and maintain a record of the organizations' responses;

• Maintain a current file of the names, addresses and telephone numbers of each minority and female off-the-street applicant and minority or female referral from a labor organization, a recruitment source or community organization;

• Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the CM/GC Contractor's employment needs, especially those programs funded or approved by the Department of Labor;

• Disseminate the CM/GC Contractor's EEO policy by providing notice of the policy to labor organizations and training programs and requesting their cooperation in assisting the CM/GC Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed;

• Disseminate the CM/GC Contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the CM/GC Contractor's EEO policy with other contractors and subcontractors with whom the CM/GC Contractor does or anticipates doing business;

• Direct its recruitment efforts, both oral and written, to minority, female and community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving the CM/GC Contractor's recruitment area and employment needs; and

• Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer and vacation employment to minority and female youth both on the site and in other areas of a CM/GC Contractor's work force.

The Illinois Tollway will consider the quality, quantity and intensity of the kinds of efforts that the CM/GC

Contractor and its subcontractors have made throughout the life of the contract. Mere pro forma efforts are not good faith efforts; rather, the CM/GC Contractor and its subcontractors are expected to have taken those efforts that would be reasonably expected of a CM/GC Contractor and its subcontractors who are actively trying to employ and retain minority and female trade workers sufficient to meet the contract EEO goals.

11. AMENDED CORRECTIVE ACTION PLAN:

If the Illinois Tollway determines that the CM/GC Contractor has not made a good faith effort to meet the

EEO goals, the Illinois Tollway will notify the CM/GC Contractor of that preliminary determination by contacting the responsible company official designated in the Corrective Action Plan. The preliminary determination will include a statement of reasons why a finding of insufficient good faith efforts has been made and may include additional good faith efforts that the CM/GC Contractor could take to remedy the deficiency. The notification will designate a fifteen (15) business day period during which the CM/GC

Contractor may make additional efforts to demonstrate a good faith effort to meet the EEO goals. The

CM/GC Contractor is not limited by the Illinois Tollway’s suggestions per Sections 9 and 10 of additional good faith efforts, but may take other actions in order to demonstrate good faith efforts to employ and retain additional minority and female trade workers on the project. The CM/GC Contractor shall submit an amended Corrective Action Plan if additional employment commitments to meet the EEO contract goal are secured and/or to document its additional good faith efforts. If additional hiring commitments sufficient to meet the EEO contract goal are not secured, the CM/GC Contractor shall report the final good faith efforts made in the time allotted. All additional efforts taken by the CM/GC Contractor will be considered as part of the CM/GC Contractor’s good faith efforts. If the CM/GC Contractor is not able to meet the EEO goal after making additional efforts, the Illinois Tollway will make a pre-final determination as to the good faith efforts of the CM/GC Contractor and will notify the designated responsible CM/GC Contractor official of the reasons for an adverse determination, if applicable.

12. DETERMINATION OF NON-COMPLIANCE:

If the Illinois Tollway determines that the CM/GC Contractor has failed to make a good faith effort to meet the EEO goals on the Contract, the Illinois Tollway will document its findings in a “Letter of Non-

Compliance” that will become part of the procurement file maintained on the CM/GC Contractor by the

Illinois Tollway. The Letter may include a proposed sanction under Section 14 if the CM/GC Contractor fails to take corrective action in a timely fashion. Upon a finding that a CM/GC Contractor has failed to make good faith efforts to achieve the applicable EEO goals, the Illinois Tollway may exercise any appropriate sanction available to it under Section 14, including the revocation of the Contract award to the

CM/GC Contractor and any other remedy available to the Illinois Tollway under its Contract with the

CM/GC Contractor or by law.

13. ADMINISTRATIVE RECONSIDERATION:

The CM/GC Contractor may request administrative reconsideration of a Letter of Non-Compliance within the fifteen (15) business days after its receipt of the Letter by actual delivery of a reconsideration request to the Illinois State Toll Highway Authority, Contract Compliance Team, 2700 Ogden Avenue, Downers

Grove, Illinois 60515-1703 or via email to E-mail address: contractcompliance@getipass.com. Deposit of the request in the United States mail on or before the fifth business day shall not be deemed delivery. The

Letter of Non-Compliance shall become final if the CM/GC Contractor fails to submit a timely request for administrative reconsideration. A request may provide additional written documentation and/or argument concerning the issue of whether an adequate good faith effort was made to meet the contract goal.

The Illinois Tollway Chief of Contract Compliance or his/her designee will send the CM/GC Contractor a written decision within fifteen (15) business days after receipt of the request for reconsideration, unless extended by the Illinois Tollway if a hearing is requested, explaining the basis for finding that the CM/GC

Contractor did or did not meet the EEO goals or demonstrate good faith efforts towards meeting those goals.

A decision by the Chief of Contract Compliance that a good faith effort was made shall be deemed approval of the Corrective Action Plan submitted by the CM/GC Contractor. A final decision that a good faith effort was not made shall render the CM/GC Contractor in breach as non-compliant with its contract with the

Illinois Tollway and may subject the CM/GC Contractor to sanctions under Section 14.

14. SANCTIONS:

The CM/GC Contractor’s failure to achieve the EEO goals or to demonstrate good faith efforts towards meeting those goals may subject the CM/GC Contractor to administrative sanctions. These sanctions include, but are not limited to, monetary sanctions, including non-release of retainage, liquidated damages, deeming the CM/GC Contractor as non-responsible with respect to future business with the Illinois

Tollway, and other reasonable sanctions as are permitted by law or equity. A CM/GC Contractor’s repeated failure to meet its EEO obligations on Illinois Tollway contracts can be grounds for the Illinois Tollway to not award future contracts to the CM/GC Contractor.

In imposing sanctions, the Illinois Tollway will consider the bona fide efforts of the CM/GC Contractor to meet the EEO goals, its history of good faith efforts on other Illinois Tollway contracts, the size of the contract, the degree to which the CM/GC Contractor fell below the EEO goals, and other factors deemed relevant by the Illinois Tollway.

15. RECORDS RETENTION AND AUDIT

Refer to the audit clause of the Contract.

16. INACCURATE OR FRAUDULENT REPORTING:

CM/GC Contractors and subcontractors have a duty to accurately report information pursuant to this Special

Provision. A CM/GC Contractor or subcontractor who fails to supply accurate information may be subject to sanctions imposed by the Illinois Tollway under Section 14. A CM/GC Contractor or subcontractor who intentionally supplies inaccurate information may be subject to civil and/or criminal sanctions.

17. OTHER REGULATIONS:

The achievement of the EEO goals does not abrogate other responsibilities of the CM/GC Contractor to comply with equal employment opportunity requirements under federal or state law, municipal ordinance, prevailing government regulations or terms contained elsewhere in the Contract.