O-2010-3284 interlocal agreement with Harris County/bicycle-pedestrian pathway in the Sens Road Roadway Improvements

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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. 6. Within thirty (30) days after the receipt of funds from the City pursuant to Section 4 or 5 above, the County shall award the contract to the responsible bidder who submits the lowest and best bid, in accordance with the usual and customary procedures of the County, subject to certification of the availability of funds for the Project by the County Auditor. 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. The County's determination of the responsible bidder who submits the lowest and best bid for the Project shall be final and conclusive. 7. The County shall be responsible for administering the construction contract. During the construction of the Project, the 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, each 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 8. Any funds paid by the City to the County per Sections 4 or 5 above shall not be used by the County for any purpose other than paying or reimbursing City Improvement Costs. 9. The County shall cause the funds paid by the City to County hereunder that are not needed to meet obligations due or contemplated to be due within sixty (60) days, to be invested in the same manner as similar funds are invested by the County in federal obligations or interest-bearing time deposits. The determination by County of the portion of said funds needed to meet such obligations shall be conclusive. Upon completion of construction of the Project, the County shall perform or cause to be performed, a final accounting. If the amounts paid by the City to the County hereunder, including interest earnings thereon, exceeds an amount equal to the actual City Contribution, the County shall promptly pay over the amount of such excess to the City. If the amounts paid by the City to the County hereunder, including interest earnings thereon, are less than an amount equal to the actual City Contribution, the City shall promptly pay over the amount of such deficiency to the County, subject to the funding limitations in Section 13. 10. The County acknowledges and agrees that the City's sole obligation under this Agreement during the construction of the Project is to contribute funding for the costs of the Project to the extent stated in this Agreement, and the City has not assumed any responsibility for the actual construction of the Project or the performance of the work other than the contribution of funds as provided herein. The City shall not be responsible for the maintenance 3 J :\ADMIN\NHudson\Agreements 201 0ISensRd-LaPorte-9-28-1 Om(2)DCW - Final.DOC