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F~.B SPECIAL PROVISIO. CONTROLLER'S APPROVAL l. 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 is applicable to any contract involving the payment of money by the State. ,;!: :;., FUND AVAILABILITY 2. Financial obligations of the State payable after the current fiscal year are contingent upon funds for that purpose being appropriated. budgeted and otherwise made available. BO~D REQUlREME~T 3. If this contract involves the payment of more than fifty 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 State. 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 official whose signature aprears 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 total amount payable by the terms of this contract. Such bond shall be duly executed by a qualified corporate surety. conditioned for the due and faithful performance 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 ratc of eight per cent per annum. Unless such bond. when so required. is e:>:ecuted. delivered and filed. no claim in favor of the contractor arising under this contract shall be audited. allowed or paid. A certified 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 38-26-106 CRS. as amended. MINIMUM WAGE 4. Except as otherwise provided by law. if this contract is in excess of one hundred fifty thousand dollars and requires or involves the employment of laborers or mechanics in the construction. alteration or repair of any building or other public works (except highways. highway bridges. underpasses and highway structures of all kindS or contracts for any purpose to which the state department of highways or the chief engineer is a party) within 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 contract shall not be less than the prevailing rate of wages for ""'ark 01' a similar nature in the county. city and county. or municipality of the State in which the building or other public works i~ located. The prc\'ailing rate of wages and the re~olution of any disputes resulting therefrom ~hall be as prescrihed hy 1\-1 f,- J 0 I CRS. as amended. DISCRIMINATION AND AFFIRMA liVE ACTION 5. The contractor agrees to comply with the letter and spirit of the Colmado Antidiscrimination Act of 1957. as amended. and other applicable law respecting discrimination and unfair employment practices (24-34-402. CRS 1982 Replacement VoL). and as required by Executive Order. Equal Opportunity and Al1irmative Action. dated April 16. 1975. Pursuant thereto. the following provisions shall be contained in all State contracts or sub-colltracts. During tile perfonnance of this contract. the contmctor agrees as follows: (I) The contractor will not discriminate against any employee or applicant for l'mployrnent because of race. creed. color. national origin, sex. marital status. religion, ancestry, mental or physical handicap, or age. The contractor will take affinnative action to insure that applicants are employed, and that employees are treated during employment. without regard to the above mentioned characteristics. Such action shall include. but not be limited to the following: employment. upgrading. demotion. or transfer. recruitment or recruitment advertisings; lay-offs or tenninations; rates of payor other forrm of compensatinn: and selection for tmining. including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applic.lI1ts for employment. notices to be provided by the contracting officer setting forth provisions of this non-discrimination clause. I (2) The contractor will. in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race. creed. color. national oogin. sex. marital status, religion. ancestry. mental or physical handicap. or age. (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. notice to be provided by the contracting officer, advising the labor union or workers' representative of the contractor's cornmittment under the Executive Order, Equal Opportunity and Affinnative 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 infonnation 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 pennit access to his books. records, find accounts by the contmcting agency and the offiee 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 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 ance~try. (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 obstnlct 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. 395-53..()1.1022 page~ of ~pages