1995-03-17_GENERAL DOCUMENTS - C1981048 (4)

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March 1, 1995 (3) The Contractor will send to each labor union or representative of workers with which he has collective bargaining agreement or other contract or understanding advising the labor union or workers' representative of the contractor's commitment under the Executive Order, Equal Opportunity and Affirmative Action, dated April 16 1975, and of the rules, regulations, and relevant Orders of the Governor. (4) The Contractor and labor unions will furnish all information and reports required by Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975, and by the rules, regulations and Orders of the Governor, or pursuant thereto, and will permit access to his books, records and accounts by the contracting agency and the office of the Governor or his designee for purposes of investigation to ascertain compliance with such rules, regulations and orders. (5) A labor organization will not exclude any individual otherwise qualified from full membership rights in such labor organization, or to expel any such individual from membership is such labor organization or discriminate against any of its members in the full enjoyment of work opportunity, because of race, creed, color, sex, national origin or ancestry. (6) A labor organization, or the employees or members thereof will not aid, abet, incite, compel or coerce the doing of any act deigned in the Contract to be discriminatory or obstruct or prevent any person from complying with the provisions of this Contract or any order issued thereunder; or attempt, either directly or indirectly, to commit any act defined in this Contract to be discriminatory. (7) In the event of the Contractor's non-compliance with the non-discrimination clauses of this Contract or with any of such rules, regulations, or orders, this Contract may be canceled, terminated or suspended in whole or in part and the Contractor may be declared ineligible for further State contracts and such other sanctions as may be imposed and remedies as may be invoked, in accordance with procedures, authorized in Executive order, Equal Opportunity and Affirmative Action of April 16, 1975 or by rules, regulations, or orders promulgated in accordance therewith, or as otherwise provided by law. (8) The Contractor will include the provisions of paragraphs (1) through (8) in every sub-contract and sub-contractor purchase order unless exempted by rules, regulations, or orders issued pursuant to Executive order, Equal Opportunity and Affirmative Action of April 16, 1975, so that such provisions will be binding upon each sub-contractor or vendor. The Contractor will take such action with respect to any sub-contracting or purchase order as the contracting agency may direct, as a means of enforcing such) provisions, including sanctions for non- compliance; provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with the sub-contractor or vendor as a result of such direction by the contracting agency, the Contractor may request the State of Colorado to enter into such litigation to protect the interest of the State of Colorado. Article 17. PROJECT MANAGER'S DECISIONS The Project Manager shall make decisions on all matters relating to the execution and progress of the work or the interpretation of the Contract Documents. The Project Manager is, in the first instance, the judge of the performance of the Contract as it relates to compliance with drawings and specifications, quality of workmanship and material. Article 18. WORK ACCESS AND INSPECTION The Project Manager and the Principal Representative shall at all times have access to the work. The Contractor shall provide proper facilities for such access and for their inspection of the work. If any work should be covered up without approval or consent of the Project Manager, it must, if required be uncovered for examination at the Contractor's expense. DMG-6