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"', ~ , .IAL PROVISIONS , , I ' -- . f_ ."C-42B CONTROLLER'S APPROVAL I. This contract shall not be deemed valid until it shall have been approved by the Controller of the Stale of Colorado or such assistant as he may designate. This provision ~s applicable 10 any contract involving the payment of money by the State. FUND AVAILABILITY 2. Financial obligations of tile Stale payable after the current fiscal year are contingent upon funds for !hat purpose being appropriated. budgeled and otherwise made available. BOND REQUIREMENT 3. If this contract involves the payment of more than lifty thousand dollars for the construction. erection. repair. main- tenance. or improvement of any building. road. bridge. viaduct. tunnel. excavation or other public works for this Slale. the contractor shall. before enter ing the performance of any such work included in this contract. duly execute and deliver to and file with the offici.:;,' whose signature appears below for the State. a good and sufficient bond or other acceptable surety to be approved by said official in a penal sum not less than one-half of the lotal amount payable by Ihe tenns of this contract. Such bond shall be duly eKecuted by a qualified corporate surety. conditioned for the due and faithful perfonnance of the contract. and in addition. shall provide that if the contractor or his subcontractors fail to duly pay for any labor. materials. team hire. sustenance. provisions. provendor or other supplies used or consumed by such contractor or his subcontractor in perfor- mance of the work contracted to be done. the surety will pay the same in an amount not exceeding the sum specified in the bond. together with interest at the rate of eight per cent per annum. Unless such bond. when so required. is executed. delivered and filed. no claim in favor of the contractor arising under this contract shall be audited. allowed or paid. A celtified or cashier's check or a bank money order payable to the Treasurerofthe State of Colorado may be accepted in lieu of a bond. This provision is in compliance with J8-26-106 CRS. as amended. MINIMUM WAGE 4. EKcept as otherwise provided by law. if this comract is in eKcess of one hundred filly thousand dollars and requires or involves the employment llf laborers or mechanics in the construction. alteration or repair of any building or other public works (eKcept highways. highway bridges. underpasses and highway structures of all kinds or contracts for any purpose to which the state depanment of highways or the chief engineer is a pany) .....ithin the geographical limits of the State. the rate of wages for all laborers and mechanics employed by the contractor or any subcontractor on the building or other public works covered under the comract shall not be less than the prevailing rate of wages for work of a similar nalure in the counly. cilY and county, or municipality of the State in which the building or other public works is located. The prevailing rate of wages and the resolution of any disputes resulting therefrom shalt be as prescribed by 8-]6-10] CRS. as amended. DISCRIMINATION AND AFFIRMATIVE ACTION 5. The contractor agrees to comply with the letter and spirit of lhe Colorado Antidiscrimination Act of 1957. as amended. and other applicable law respecting discrimination and unfair employment practices 124-J4-402, CRS 1982 Replacement Vol.l. and as required by E'tccutive Order, Equa] Opportunity and Allinnative Action. dated April 16. 1975. Pursuant thereto. the follol1:ing prol'isions shall be contained in all State contracts or sub-con/racts. During the IJerfonnance of this contract. the contractor agrees as follows: (I) The cuntractor will not discriminate against any employee or applicant for employment because of race, creed, color. national origin, sex. marital status. religion. ancestry. menial or physical handicap, or age. The contractor will take affinnative action to insure thai applicants are employed, and Ihal employees are trealed during employment. ....ithout regard to the above mentioned characteristics. Such action shall include. but not be limited 10 the following: employment. upgrading. demotion. or transfer. recruitment or recruitment advertising;; lay-offs or tenninations: rates of payor other fonns of compensation; and seleclion for training. including apprenticeshill. The contraclor agrees 10 post in conspicuous places, available to employees and applicants for employment. notices 10 be provided by the contracting officer seUing forth provisions of this lion-discrimination clause. (2) The contractor will. in all solicitations or advertisements for employees placed by or on behalf of Ihe contractor, state that all qualified applicants will receive consideration for employmenl without regard to race, creed. color. national origin, se\. marital slat us, religion. ancestry. mental or physical handicap. or age. (3) The contractor will send to each labor union or representative of wlJrke~ with which he has collective bargaining agreement or other contract or unde~tanding. nolice to be provided by the contracting orficer. advising the labor union or worke~' representative of the contraclor's commiUment under the Execucrve Order. Equal Opportunity and Affirmative Action. dated April 16. 1975. and of the rules. regulalions, and relevant Orders of the Governor. (4) The contractor and lahor unions will furnish all information and reports required by Execulive Order, Equal Opportunity and Affirmative Action of April 16, 1975. and by the rules. regulations and Orders of Ihe Governor, or pursuant thereto. and will permit access to his books. records, and accounts by the conlracting agency and the office of the Governor or his designee for purposes of investigation to ascertain compliance with such rules. regulations and orde~. . (5) A labor organization will not exclude any individual olherwise qualified from full membership rights in such labor organization, or expel any such individual from membership in 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 defined in this 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 commil any act defined in this contract to be discriminatory. 395-SJ.al.1022 3 4 page~of~pages