O-2008-3061 agreement to provide construction and administrative services for the Sylvan Beach Shoreline Protection

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estimated to be ten thousand (10,000) square feet, more or less, is shown on the map attached hereto and incorporated herein for all purposes as Attachment A. The exact placement of the Project will be determined in the design phase of the Project. The Project will include proceeding to final design, bidding, and construction of the Project; including engineering, permitting, developing bidding specifications, bidding support, and contracting for construction of the shoreline protection and beach nourishment proj ect. 1.02. TASKS. The parties shall complete the Project in accordance with the Project Work Plan, attached hereto and incorporated herein for all purposes as Attachment B. 1.03. PROJECT BUDGET. The parties agree that all expenses associated with the performance of this Agreement will be paid in accordance with the Budget, attached hereto and incorporated herein for all purposes as Attachment C, in an amount not to exceed the sum of Two MILLION FIVE HUNDRED TWENTY-FIVE THOUSAND ONE HUNDRED SEVENTY-TWO DOLLARS ($2,525,172.00). The amount payable from the Account under this Agreement shall not exceed ONE MILLION FOUR HUNDRED THOUSAND DOLLARS ($1,400,000.00). In the event the parties agree that additional tasks and/or funds are required for the completion of the Project, the parties shall execute an amendment to this Agreement. II. TERM. 2.01. DURATION. This Agreement shall be effective as of the date the signed by the last party, and shall terminate on August 31, 2009, unless extended by mutual agreement or terminated earlier, as provided below. 2.02. EARL Y TERMINATION. This Agreement may be terminated by either party by giving written notice specifying a termination date at least thirty (30) days subsequent to the date of the notice. 2.02. DISPUTE RESOLUTION. If a contract dispute arises that cannot be resolved to the satisfaction of the parties, either party may notify the other party in writing of the dispute. If the parties are unable to satisfactorily resolve the dispute within fourteen (14) days of the written notification, either party may request that the issue(s) be mediated. In the event that the parties agree to mediation, the GLO shall so notify the Qualified Project Partner and furnish the Qualified Project Partner with the names of three (3) mediators acceptable to the GLO. Within ten (10) days of such notice, the Qualified Project Partner shall select a mediator from the list provided by the GLO and notify the GLO. The mediation shall occur within thirty (30) days of such notification. Prior to the mediation, each party will provide the mediator with a statement of issues to be mediated, along with any other information or releases required by the mediator. Cost of the mediator shall be borne equally by the parties. Any dispute resolution shall be conducted in accordance with TEX. GOv'T CODE ANN., Chapter 2260. III. FUNDING. 3.01. PARTNER MATCH. a. The Qualified Project Partner shall be responsible for at least forty-five percent (45%) of the shared project costs as set forth in this Agreement (Partner GLO Contract No. 08-090-000 Page 2 of 5 . . .... ... . .. ... .. ~ - ........ ~ ,~. -