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

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v In the event the estimated County Contribution is greater than the maximum sum available to the County per Section XII below, or if the estimated City Contribution is greater that the maximum sum available to the City per Section XII below, or if both situations occur, and the City does not opt to 1) exercise its option under Section IV to provide additional funding, County shall have the following options: a. County may elect to attempt to pay the additional costs. In such case, the County shall notify the City of its choice, and 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 $364,275.00. b. County may reject all bids and elect not to proceed with the letting of the contract and terminate this agreement as provided below. c. County may reject all bids and re-advertise for bids for construction of the Project in accordance with the approved drawings and specifications in the same manner as before and under the same conditions. d. County may attempt to negotiate an amendment to this Agreement to provide for payment of the additional costs, and if such an amendment is obtained, proceed under its terms. If the parties fail to agree to an amendment to this Agreement, then and in that event the County may proceed under one of the other three options. VI Within thirty days after receipt of funds from City under the terms of this Agreement, the County shall award the contract to the lowest and best bidder, in accordance with the usual and customary procedures of the County, subject to certification of the availability of funds by the County Auditor. Notwithstanding the above, it is expressly agreed and understood that the County reserves the right to reject all bids. In such event, the County, in its discretion, may either re-advertise for bids pursuant to the same understanding with regard to rejection of bids or terminate this agreement as hereinafter provided. VII The County shall be responsible for administering the construction contract. During the construction of the Project, City shall have the right of access to the construction site and shall have the right to review all documents, maps, plats, records, photographs, reports or drawings affecting said construction, provided, however, City shall give notice by telephone to the Harris County Engineer prior to any inspection of either the site or documents and provided further that in conducting said inspections, City shall not interfere with the work in progress.h -3- J :\ADMIN\NHudson\Agreements 201 O\LaPorte-FairmontPkwy-3-4-1 OmDCW (2)-Final2.doc