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<br />relocations/adjustments/modifications to any utilities or pipelines, and approval of PS&E for the <br />Project in accordance with Section 1, the County will advertise for and receive bids for the <br />construction of the Project, including the City Improvements in accordance with the approved <br />PS&E in the manner similar to that of other like County projects. <br /> <br />3. Upon receipt and tabulation of the bids for the Project, including the City Improvements, <br />County will determine the lowest and best bid for the construction of the Project, including the <br />City Improvements. The County's determination of such lowest and best bid shall be final and <br />conclusive. The County Engineer, or his designee, shall then estimate the projected County <br />Contribution and City Contribution based on such bid and previously incurred costs. Such <br />estimate of the City Contribution shall include an amount equal to 10% of the amount of the bid <br />attributable to the City Improvements to pay for potential cost increases during construction. <br /> <br />4. In the event the estimated County Contribution does not exceed the maximum sum <br />available to the County per Section 13 below and the estimated City Contribution does not <br />exceed the maximum sum available to the City per Section 13 below, the County Engineer, or <br />his designee, shall notify the City of the estimated City Contribution. The City will transmit to <br />the County within thirty (30) days of such notification, its check made payable to Harris County <br />Treasurer in an amount equal to the estimated City Contribution. In the event the estimated <br />County Contribution is less than the maximum sum available to the County per Section 13 below <br />and the estimated City Contribution is greater than the maximum sum available to the City per <br />Section 13 below, the County Engineer, or his designee, shall notify the City of the estimated <br />City Contribution and the City may transmit to the County within thirty (30) days of such <br />notification, its check made payable to Harris County Treasurer in an amount equal to the <br />estimated City Contribution. <br /> <br />5. In the event the estimated County Contribution is greater than the maximum sum <br />available to the County per Section 13 below, or if the estimated City Contribution is greater that <br />the maximum sum available to the City per Section 13 below or if the estimated City <br />Contribution is greater than the maximum sum available to the City per Section 13 below and the <br />City does not opt to exercise its option under Section 4 to provide additional funding, or if both <br />situations occur, County shall have the following options: <br /> <br />a. County may elect to attempt to pay the additional costs. In such case, the <br />County shall notify the City of its choice, and the City will transmit to the <br />County within thirty (30) days of such notification, its check made <br />payable to Harris County Treasurer in an amount equal to $307,099.24 <br /> <br />b. County may reject all bids and elect not to proceed with the letting of the <br />contract and terminate this agreement as provided below. <br /> <br />c. County may reject all bids and re-advertise for bids for construction of the <br />Project in accordance with the approved drawings and specifications in the <br />same manner as before and under the same conditions. <br /> <br />2 <br />J :\ADMIN\NHudson\Agreements 201 0\SensRd-LaPorte-9-28-1 Om(2)DCW - Final.DOC <br />