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1 (7) After opening bids for the PROJECT and if bids <br />2 indicate a cost overrun of no more than 10 percent of the estimat~ <br />3 will occur, STATE may award the contract. <br />~ (8) If, upon opening of bids, it is found that a cost <br />5 overrun exceeding 10 percent of the estimate will occur, STATE and <br />6 CITY shall endeavor to agree upon an alternative course of <br />? action. <br />8 (9) Prior to award of the construction contract for the <br />9 PROJECT, CITY may terminate this agreement in writing, provided <br />l0 that CITY pays STATE for all costs incurred by STATE. <br />ll (10) If termination of this agreement is by mutual <br />12 consent, STATE will bear 67 percent and CITY will bear 33 percent <br />13 of all costs incurred by STATE. <br />l~ (11) If existing public and private utilities conflict <br />15 with the construction of the PROJECT, STATE will make all <br />16 necessary arrangements with the owners of such utilities for their <br />17 ~rotection, relocation or removal. STATE will inspect the <br />18 ~rotection, relocation or removal of such utilities. If there are <br />19 costs of such protection, relocation or removal which STATE and/or <br />20 iCITY must legally pay, CITY will bear the entire cost of such <br />21 protection, relocation or removal. <br />22 (12) In the construction of said work, STATE will <br />29 furnish a representative to perform the usual functions of a <br />2~ Resident Engineer, and CITY may, at no cost to STATE, furnish a <br />25 representative, if it so desires; said representative and Resident <br /> --5-- <br /> <br /> <br />