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FDnI\ ~AC~B " ...... .IAL PROVISIONS Q . CONTROLLER'S APP)I.QVAL 1. This contmct shall not be deemed valid until it shall have been approved by the Controller of the Slatt:: of Colorado or such assiSlant as he may designate. This provision is applicable to any tontmct involving the payment of money by the State. FlJND AVAILABILITY 2. Financial obligations of tile Stlte payable al1er the C\JrTent fisca.l year are contingent upon funds for thai PUl"p05e being appropriated. budaetal and otherwise Tl1ade available. BOND REQUIREMEJ'IlIl" J. If this contract involves ttle payment of more than finy thousand dollars forthe construction. erection. repair. main- tenal1ce. or improvement of any building. road. bridge. viaduct, tunnel. excavation or other public works for this State. the contractor shall. before enter ing ttle performance of any such work included in this C(mlrac!. duly execute and deliver to and file With the official whose signature appears below for the State. a goOO and sufficienl bond or other acceptable surety to be approved by said official in a penal sum not less than one-half of the total amount payable by the terms of this contract. Such bonQ shall be duly executed by a qualified cOrporate surety. conditioned for the due a(ld faithful performance of the contract. and in addition. shall prOvide that ifthe contractor or his subcontractors fail to duly pay for any labor. materials. team hire. sust~nance. provisions, provendor or other ~upplies used or COnsumed by such contraclOr or his subcOlltractor in perror- mante of the work contracted to be done. the surety will pay the same in an amount I10t exceeding the SUm specified in the bonel. together with intetest at the rate of E:ight per cent per allnum. Unless such bond, when so required. is executed. delivered and filed, no claim in favor of the COntractor arising und~rthis contract shall be audited. allowed orpaid. A certified or cashier's check or a bal1k money order payable to the Treasurerofthe State of Colorado may be accepted in lieu ofa bond. This provision is in compliance with .~8-26_106 CRS. as amended. MINIMUM WAGE 4. Except as otherwise provided by law. if this contract is ill excess of one hundred fifty thousand dOllars and requires or involves the employment of laborers or m~chanics in the construction. alteration o( repair of any buildil1g or other public works (except highways, highway l>ridges. ul1derpasses and highway structures of all kinds or contraCls fl)r any purpose to whic" the state department of highways or th~ chief engineer is a Party) within the geographical limits of the State. the rate of wagelj for all laborers and mechanir;:s emploY~d by the contractor or any subcontractor on the building or other public works covered under the contract shall not be less t"an the prevailing rate of wages for work of a similar nature ill the county. city and county. or municipality of the State in w"ich the building or <lther public works is located. The prevailing rate of wages and the resolution of any disputes resulting therefrom shall be as prescribed by 8~16-101 CRS. as amended. DISCRIMINATION ANt> AFFIRMATIVE ACTION 5. The contractor agrees to comply With the letter and sj)irit of the Colorado Antidiscrimination Act of 1957. as amended. and other applicable law respectlng discrimination and unfair employment practices (24-34-402. CRS 1982 Repl"cement VoL). and as required by ExeCUtive Order. Equa] Opportunity and AlTinnati~'e Action. dated April 16. 1975. PurslJant lhereto, lhe jollOll'ing pfOl.;s;ons $hall be contained in all State contracts or sub-contracts. During the perfonnance of this cOntract. the contractor ilgrees as follows: (I, The contractor will not di!\criminate against <lilY employee or applicanl for employment because of race. creed, color, natiorlal urigin, sex. marital statu!, religion. ancestry. mental or physical handicap, or age. The contractor will take affinnative action to insuTt that applicants are employed. and that employees are treated during employment. y,;thQut regard 10 the above mentioned characteristics. Such action shall include. but not be limited to the following: employmel1l. upgrading. demotion. or frander. recruitment or recruitment ad\o'ertisings; lay.offs or tenninalions; rates of payor olher fOnTIS of compensation; and selection for training. including apprenlic~ship. The conlractor agrees 10 post in conspicuous pl;Jces, available to employees and applic:mtS for employment, notices to be provided by the contracting officer setting forth provisions of this non.disCriminatilln clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of Ihe contractor. stale that aU qualified applicants will receive consideration for employment without regard to race. creed. cOll)r, national origin. sex. marital status, religion. ancestry. mental or physical handicap. or age. (3) The contractor will send 10 each labor union Or represenlative of workers with which he has collective bargaining agret!ment or other COtllracl or understanding. notice to be provided by the conlracling officer, advising the labor union or workers' represenlative of the contractor'5 commitlmenl un<ler the Executive Order. Equal O"porlunity and Affirmative Action, dated April 16. 1975, and of the rule~ regulations, and relevanl Orders of the Governor. (4) The conlractor and labor unions will furnish aU information and reports required by Executive Order. Equal Opportunity and Affirmati\o'e Action of April 16. 1975. and by Ihe rules. regulations ..nd Orders of Ihe Governor. or pUrsuant thereto. and will permit access to his books. records, and accounts by the contracting agency and the office of the GOVf:!rnor or his designee for purposes of investigation to asc~rtain compliance with such rules, regulatiOJ1s and orders. '(5) A labor otganizatiOJl will nOI exclude any individual otherwise qualilied from full membership righls in such labor organization, or expel any such individual from member.;hip 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 willnQt aid. abet. incite, tompel or coerce the doing of any act defined in this conlmct 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 direedy or indirectly, 10 commil any acl defined in this conlract to be discriminatory, 395-5:)..01.1022 3 4 page_ of _pages