O-1998-2262 - Laserfiche WebLink

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e e ~@[f)~ ARTICLE VII The City shall give the District the right and the District shall enter the property to maintain the channel of Unit F101-00-00 after completion of the Project, subject to the availability and certification of funds. The cost of such maintenance shall not be offset against the cost of the Project. ARTICLE VIII The City has been advised by the District, and the City clearly understands and agrees, that the District shall have available the total maximum sum of $2,000,000 specifically allocated to fully discharge any and all liabilities that may be incurred by the District pursuant to the terms of the Agreement, and that the total maximum sum the District shall become liable to pay hereunder shall not under any conditions, circumstances, or interpretations hereof exceed the total maximum sum provided for in this article and certified as available therefor by the County Auditor. Upon taking bids, in the event the bid amount of the lowest and best bidder exceeds $2,000,000, the parties hereto shall have the following options: 1. The District may, after consultation with the City, reject all bids and re-advertise for bids for the construction of the Project in accordance with the drawings and specifications and in compliance with applicable competitive bidding laws. 2. At the option of either party, the District shall reject all bids and elect not to proceed with the letting of the construction contract and terminate this Agreement and the Project without further obligation to the City or District unless otherwise specifically provided in this Agreement. 3. By amendment to this Agreement, the parties may agree to share the additional cost and proceed to let the construction contract and continue with the Project. 4. By Agreement of the parties, the District may amend the drawings and specifications so as to reduce the scope of the Project, and negotiate with the lowest qualified bidder or re-advertise for bids. If the parties fail to agree under which option to proceed within sixty (60) days after the opening of bids, then this Agreement shall terminate without further obligation to either party. ARTICLE IX Neither the District nor the City shall make, in whole or in part, any assignment of this Agreement or any obligation contained herein without the prior written consent of the other party. ARTICLE X Notices and communications to either party under this Agreement shall be sent by certified mail, return receipt requested, or delivered to the following respective addresses: DISTRICT: Harris County Flood Control District 9900 Northwest Freeway Houston, Texas 77092 Attn: Executive Director -3-