13.10.2014 Views

INVITATION FOR BID - University of Central Missouri

INVITATION FOR BID - University of Central Missouri

INVITATION FOR BID - University of Central Missouri

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

19<br />

6.3.3 The establishment <strong>of</strong> non-discriminatory selection standards, objective measures to<br />

analyze recruitment, an upward mobility system, a wage and salary structure, and<br />

standards applicable to lay-<strong>of</strong>f, recall, discharge, demotion and discipline;<br />

6.3.4 The exclusion <strong>of</strong> discrimination from all collective bargaining agreements; and<br />

6.3.5 Performance <strong>of</strong> an internal audit <strong>of</strong> the reporting system to monitor execution and to<br />

provide for future planning.<br />

6.4 In the enforcement <strong>of</strong> this non-discrimination clause, the Owner may use any reasonable<br />

procedures available, including, but not limited to: requests, reports, site visits and inspection<br />

<strong>of</strong> relevant documents <strong>of</strong> contractors and subcontractors.<br />

6.5 In the event <strong>of</strong> the Contractor's or a Subcontractor's noncompliance with any provisions <strong>of</strong> this<br />

section <strong>of</strong> the contract, the Owner may cancel this contract in whole or in part or require the<br />

Contractor to terminate his contract with the subcontractor.<br />

7. ANTI-KICKBACK<br />

7.1 No <strong>of</strong>ficial or employee <strong>of</strong> the Owner or its governing body who is authorized in such capacity<br />

and on behalf <strong>of</strong> the Owner to negotiate, make, accept or approve, or to take part in negotiating,<br />

making, accepting, or approving any architectural, engineering, inspection, construction or<br />

material supply contract or any subcontract in connection with the construction <strong>of</strong> the project,<br />

shall become directly or indirectly interested personally in this contract or in any part here<strong>of</strong>.<br />

No <strong>of</strong>ficer, employee, architect, attorney, engineer or inspector <strong>of</strong> or for the Owner who is<br />

authorized in such capacity and on behalf <strong>of</strong> the Owner to exercise any legislative, executive,<br />

supervisory or other similar functions in connection with the construction <strong>of</strong> the project, shall<br />

become directly or indirectly interested personally in this contract, any material supply contract,<br />

subcontract, insurance contract, or any other contract pertaining to the project.<br />

8. PATENTS AND ROYALTIES<br />

8.1 The Contractor shall hold and save the Owner and its <strong>of</strong>ficers, agents, servants and employees<br />

harmless from liabilities <strong>of</strong> any nature or kind, including cost and expenses, for, or on account<br />

<strong>of</strong>, any patented or unpatented invention, process, article or appliance manufactured or used in<br />

the performance <strong>of</strong> the contract, including its use by the Owner, unless otherwise specifically<br />

stipulated in the contract documents.<br />

8.2 If the Contractor uses any design, device or materials covered by letters, patent or copyright, he<br />

shall provide for such use by suitable agreement with the owner <strong>of</strong> such patented or<br />

copyrighted design, device or material. It is mutually agreed and understood, without<br />

exception, that the contract prices shall include all royalties or costs arising from the use <strong>of</strong><br />

such design, device or materials, in any way involved in the work. The Contractor and/or his<br />

sureties shall indemnify and save harmless the Owner <strong>of</strong> the project from any and all claims for<br />

infringement by reason <strong>of</strong> the use <strong>of</strong> such patented or copyrighted design, device or materials or<br />

any trademark or copyright in connection with work agreed to be performed under this contract<br />

and shall indemnify the Owner for any cost, expense or damage it may be obliged to pay by<br />

reason <strong>of</strong> such infringement at any time during the prosecution <strong>of</strong> the work or after completion<br />

<strong>of</strong> the work.

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!