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Disr. Agmt · No. 4-0975-C <br /> <br /> ~' <br /> <br />and policies relating to the use of such funds shall ap ly <br /> <br /> (4) That accomplishment of preliminary eng~neerlng for <br /> <br />the auxiliary lanes and edge dr&In8 and SERVICES referred to <br /> <br />herelnbefore and STATE'8 determination of what le necessary to <br />accomplish ~ald work ~hall be conclusive. <br /> <br /> (5) After opening of bids for PROJECT and if bids <br />indicate a cost overrun of no more than 20 percent of the <br />estimate will occur, STATE may award the contract. <br /> <br /> (6) If, upon opening of bids, it is found that a cost <br />overrun exceeding 20 percent of the estimate will occur, STATE <br />and CITY shall endeavor to agree upon an alternative course of <br />action. If, after 30 days, an alternative course of action is <br />not agreed upon, this agreement shall be deemed to be terminated <br />by CITY pursuant to following Article 7 of this Section III. <br /> <br /> (7) Prior to award of the construction contract for <br />PROJECT, CITY may terminate this agreement in writing, provided <br />that CITY pays STATE for all project related costs incurred by <br /> <br /> (8) If exls~in~ public and private u~ili~ies conflic~ <br />~l~h ~he cons~ruc~ion of PROJECT, STATE rill make sll necessary <br />arrangements with the owners of such utilities for their <br /> <br /> -9- <br /> <br /> <br />