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HCFCD Agreement Number 2022-102 II. The City will award the construction contract for the Project in accordance with competitive bidding Project shall be final. If the City encounters environmental contamination or other issues that make it impossible to continue the Project during construction, it shall immediately halt all work until the Parties have discussed the issues presented and reached an agreement on how or whether to proceed. Under no circumstances shall the District be responsible for any remediation costs or any costs associated with environmental contamination at the Project site. If this Agreement is terminated by the City because of environmental contamination discovered at the Project Site, the City will be responsible for all costs of the Project, including reimbursement to the District for Project costs already paid out of the District Contribution, to the point of termination. III. The City will strive to engage with prime contractors and subcontractors representative of the diverse businesses of Harris County. The City will use its best efforts to afford historically underutilized minority- and woman-owned businesses (M/WBEs) a fair and equal opportunity to , as allowed by law. Nothing in this paragraph is intended to conflict with any federal M/WBE requirements. IV. Upon execution of this Agreement, the City shall prepare or cause to be prepared drawings and specifications for the Project to be constructed and perform other engineering services in connection therewith. The City shall submit the drawings and specifications to the District for review and approval. The District shall promptly review and approve the drawings and specifications, which approval shall not be unreasonably withheld. The City may make changes and amendments to the drawings and specifications within the design intent of the Project as the City deems necessary or desirable during construction and shall notify District of all such changes and amendments within two (2) calendar days after making such a change or amendment. In the event the changes or amendments result in a change in cost of the Project, the City shall obtain District approval prior to proceeding with the change. The District shall review changes or amendments and shall provide a documented decision within two (2) calendar days. Should the District fail to provide its documented decision within two days, this shall be interpreted as no objection from the District regarding the change(s) or amendment(s). In the event the changes or amendments result in a change in cost of the Project, the City shall obtain District approval prior to proceeding with the change. The District, upon approval by Harris County Commissioners Court, will pay half of any drainage-related costs that exceed the amount of the District Contribution. The City, upon approval of the City Council of the City of LaPorte, will pay the other half of the drainage-related costs and the total cost of any non-drainage element overages. V. The District shall have access at all reasonable times to the Project construction site and to all relevant drawings, specifications, contract documents, and records to verify that the Project is constructed in compliance with this Agreement. The District and Precinct 2 will receive monthly updates and invites to all progress meetings. VI. The City has been advised by the District and the City clearly understands and agrees, such understanding and agreement being of the absolute essence to this Agreement, that the District -2-