O-2010-3228 roadway improvements/Fairmont Parkway-from state Highway 146 to 500 feet west of 16th Street

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I Within two hundred seventy (270) days after execution of this Agreement the County shall prepare, or cause to be prepared plans, specifications, and estimates (PS&E) in accordance with the usual requirements of County, and will perform all engineering for the design of the Project. Upon completion of the said PS&E County will deliver the same to City for review and approval. City agrees that it will endeavor to approve the PS&E, and deliver written notice of same to County, not later than thirty (30) days after receipt of same. II It is understood that the County will be responsible for acquisition of any rights-of-way for the Project, and for accomplishing the adjustment/relocation/replacement of any non-City utilities/pipelines necessary for the construction of the Project (with the understanding that the City Utility Work is to be accomplished under the Project construction contract). If the County is unable to acquire the necessary rights-of-way and/or accomplish the adjustment/relocation/replacement of such non-City utilities, the City's sole remedy shall be to terminate this Agreement as provided below. III Within sixty (60) days after the approval of the PS&E by City described in Section I, accomplishment of all utility/pipeline adjustments/relocations/replacements (excluding the City Utility Work, which will be included in the construction contract for the Project), and acquisition of any necessary rights-of- way for the Project, County will advertise for and receive bids for the construction of the Project in accordance with the approved PS&E in a manner similar to that of other like County Projects. IV Upon receipt and tabulation of the bids for the Project, County will determine the lowest and best bid for the construction of the Project. The County's determination of such lowest and best bid shall be fmal and conclusive. The County Engineer, or his designee, shall then estimate the projected County Contribution and City Contribution based on such bid and previously incurred costs, which estimate may include an additional 10% of the bid as a contingency for potential change orders. In the event the estimated County Contribution does not exceed the maximum sum available to the County per Section XII below and the estimated City Contribution does not exceed the maximum sum available to the City per Section XII below, the County Engineer, or his designee, shall notify the City of the estimated City Contribution. The City will transmit to the County within thirty (30) days of such notification, its check made payable to Harris County Treasurer in an amount equal to the estimated City Contribution. In the event the estimated County Contribution is less than the maximum sum available to the County per Section XII below and the estimated City Contribution is greater than the maximum sum available to the City per Section XII below, the County Engineer, or his designee, shall notify the City of the estimated City Contribution and the City may, in its discretion, transmit to the County within thirty (30) days of such notification, its check made payable to Harris County Treasurer in an amount equal to the estimated City Contribution. -2- J:\ADMlN\NHudson\Agreements 201 0\LaPorte-FairmontPkwy-3-4-1 OmDCW (2)-Fina12.doc