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<br />obligations of the parties may be accomplished within the intent of the contract, the terms of <br />this contract are severable, and should any term or provision hereof be declared invalid or <br />become inoperative for any reason, such invalidity or failure shall not affect the validity of <br />any other term or provision hereof. The waiver of any breach of a term hereof shall not be <br />construed as waiver of any other term. <br /> <br />8. Assignment. Neither party may assign its rights or duties under this contract without the <br />prior written consent of the other party. <br /> <br />9. Integration of all understandings. This agreement is intended as the complete <br />integration of all understandings between the parties. No prior or contemporaneous <br />addition, deletion, or other amendment hereto shall have any force or effect whatsoever <br />unless embodied herein in writing. No subsequent novation, renewal, addition, deletion, or <br />other amendment hereto shaH have any force or effect unless embodied in a written <br />contract executed and approved pursuant to STATE fiscal rules. <br /> <br />10. Captions. The captions and headings contained in this contract are for convenience and <br />reference only and shall not be construed so as to define or limit the terms or provisions <br />contracted herein. <br /> <br />11. Addresses for mailing. All notices, correspondence, or other documents required by this <br />contract shall be delivered or mailed to the following addresses: <br /> <br />For the STATE: For the CONTRACTOR: <br /> <br />Colorado Water Conservation Board <br />Attn: Construction Fund Section <br />1313 Sherman Street, Room 721 <br />Denver, CO 80203 <br /> <br />Pikes Peak Area Council of Governments <br />15 South 7'h Street <br />Colorado Springs, CO 80905 <br /> <br />D. SPECIAL PROVISIONS (6/97 version). State Fiscal Rule 3-1 requires the inclusion of these Special <br />Provisions in every STATE contract, including grants. <br /> <br />Controller's Approval <br /> <br />1. This contract shall not be deemed valid untiJ it shall have been approved by the Controller 01 the <br />State of Colorado or such assistant as he may designate. This provision is applicable to any <br />contract involving the payment of money by the STATE. <br /> <br />FUND AVAILABILITY <br /> <br />2. Financial obligations of the State of Colorado payable after the current liscal year are contingent <br />upon funds for that purpose being appropriated, budgeted, and otherwise made available. <br /> <br />BONO REQUIREMENT <br /> <br />3. If this contract involves the payment of more than fifty thousand dollars for the construction, <br />erection, repair, maintenance, or improvement of any building, road, bridge, viaduct, tunnel, <br />excavation or other public work for this STATE, the CONTRACTOR shall, before entering upon the <br />pertormance of any such work included in this contract, duly execute and deliver to the STATE <br />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 <br />terms of this contract. Such bond shall be duly executed by a qualified corporate surety <br />conditioned upon the faithful performance of the contract and in addition, shall provide that if the <br />CONTRACTOR or his subcontractors fail to duly pay for any labor, materials. team hire, sustenance, <br /> <br />Page 3 01 6 <br />