1999 AGN JUN 01 I09 - Laserfiche WebLink

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1999-129 SECTION III DISTRICT agrees: 1) To pay DISTRICT'S share of costs within 10 days of receipt of billing therefor, i.e. an amount equal to 33-1/3% of the design, construction engineering and construction costs. DISTRICT'S total obligation for said anticipated project costs exclusive of claims shall not exceed the amount of $35,333.33; provided that DISTRICT may, at its sole discretion, in writing, authorize a greater amount; 2) After opening of bids for the PROJECT, and if bids indicate that a cost overrun of no more than fifteen percent (15%) of the estimate will occur, SAN BERNARDINO may award the contract; 3) If, upon opening of the bids, it is found that a cost overrun exceeding fifteen percent (15%) of the estimate will occur, SAN BERNARDINO, COLTON and DISTRICT shall endeavor to agree upon an alternative course of action. If, after 30 days after bid opening, an alternative course of action is not agreed upon by all three parties, this Agreement shall be deemed to be terminated by mutual consent; 4) Prior to award of the construction contract for the PROJECT, and in sufficient time to allow SAN BERNARDINO to reject all construction bids therefor, DISTRICT may terminate this Agreement in writing, provided that DISTRICT pays SAN BERNARDINO for all costs incurred by SAN BERNARDINO under this Agreement prior to termination; 5) If termination of this Agreement is by mutual consent, DISTRICT will bear 33-1/3% of all costs incurred prior to termination. SECTION IV It is mutually agreed: 1) This Agreement will be construed and enforced under the laws of the State of California; 2) This Agreement may be executed in counter parts, each of which will be deemed to be an original for all purposes but all of which will constitute one in the same Agreement.