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