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� <br />• <br />2. In the sole discretion of the State, the services of the Contractor are unsatisfactory or <br />the Contractor has failed to prosecute the work with diligence or within the specified <br />time limits. <br />If the agreement is terminated by the State, as provided herein, all finished or unfinished <br />documents, data, studies, surveys, drawings, maps, models, photographs, and reports or <br />other material prepared by the Contractor under the contract shall at the option of the <br />State, become its property, and the Contractor shall be entitled to receive just and <br />equitable compensation for any services and supplies delivered and accepted. If the State <br />terminates this agreement as provided herein, the Contractor shall be obligated to return <br />any payment advance under the provisions of this contract. <br />O. Permits and Licenses. The Contractor shall procure all required permits and licenses, <br />and pay all charges, fees and taxes and incidentals that may be required for the lawful <br />prosecution of the work. <br />P. Waiver. Any waiver by any party hereto with regard to any of its rights hereunder shall be <br />in writing and shall not constitute or act as a waiver to any future rights which such party <br />might have hereunder. <br />Q. Access to Documents. Subject to the provisions of the Colorado Open Records <br />Act, sections 24-72-101 et seq., CRS, the Contractor shall be entitled to the full <br />cooperation of the State with regard to access to existing documents in the <br />possession of or under the control of the agency that may be reasonably <br />required for the lawful prosecution of the contract. <br />SPECIAL PROVISIONS <br />CONTROLLER'S APPROVAL <br />1. This contract shall not be deemed valid until it shall have been approved by the Controller of the State of Colorado or <br />such assistant as he may designate. This provision is applicable to any contract involving the payment of money by the <br />State. <br />FUND AVAILABIUTY <br />2. Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for that <br />purpose being appropriated, budgeted, and otherwise made available. <br />BOND REQUIREMENT <br />3. If this contract involves the payment of more than fifty thousand dollars for the construction, erection, repair, <br />maintenance, or improvement of any building, road, bridge, viaduct, tunnel, excavation or other public work for this State, <br />the contractor shall, before entering upon the performance of any such work included in this contract, duly execute and <br />deliver to the State official who will sign the contract, a good and sufficient bond or other acceptable surety to be <br />approved by said official in a penal sum not less than one-half of the total amount payable by the terms of this contract. <br />Such bond shall be duly executed by a qualified corporate surety conditioned upon the faithful performance of the <br />contract and in addition, shall provide that if the contractor or his subcontractors fail to duly pay for any labor, materials, <br />team hire, sustenance, provisions, provendor or other supplies used or consumed by such contractor or his subcontractor <br />in performance of the work contracted to be done or fails to pay any person who supplies rental machinery, tools, or <br />equipment in the prosecution of the work the surety will pay the same in an amount not exceeding the sum specified in <br />the bond, together with interest at the rate of eight per cent per annum. Unless such bond is executed, delivered and <br />filed, no claim in favor of the contractor arising under such contract shall be audited, allowed or paid. A certified or <br />cashier's check or a bank money order payable to the Treasurer of the State of Colorado may be accepted in lieu of a <br />bond. This provision is in compliance with CRS 38-26-106. <br />Paqe 5 of 7 <br />