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SECTION VII - ADDITIONAL WORK ( 1 } In the event changes are requested by the COUNTY to the contract plans after said plans have been approved and accepted by the COUNTY and upon the issuance of an amendment to this Agreement for said additional work by the COUNTY, said additional work may commence upon receipt of a Notice to Proceed . (2) Compensation for Additional Work shall be at a price to be negotiated between the CONSULTANT and the COUNTY, based on the CONSULTANT ' S approved hourly rate schedule (shown in "Exhibit B " of attached proposal). SECTION VIII - EXTRA WORK ( 1 ) In the event extra work is necessary by the CONSULTANT due to a change in scope of the project, and upon the issuance of an amendment to this Agreement for said Extra Work by the COUNTY, said Extra Work may commence upon receipt of a Notice to Proceed . (2) Compensation for Extra Work shall be at a price to be negotiated between the CONSULTANT and the COUNTY, based on the CONSULTANT ' S approved hourly rate schedule (shown in "Exhibit B " of attached proposal) . SECTION IX - PARTIAL PAYMENTS ( 1 ) The COUNTY shall make monthly partial payments to the CONSULTANT. (2 ) The CONSULTANT shall submit duly certified invoices to the COUNTY ' S Project Manager. (3 ) The COUNTY shall withhold from each progress payment made to the CONSULTANT an amount not exceeding 10 percent of the payment as Retainage until 50-percent completion of the contracted design services . (4) After 50-percent completion of the design services purchased pursuant to the Agreement, the COUNTY shall reduce to 5 percent the amount of Retainage withheld from each subsequent progress payment made to the CONSULTANT. ( 5 ) Final payment and release of 5 percent retainage shall be made when CONSULTANT has, in the COUNTY ' S opinion, successfully completed all aspects included in this Agreement (and any amendments) and has submitted complete and legally effective releases or waivers (satisfactory to OWNER) of all Lien rights arising out of or Liens filed in connection with the Work. SECTION X — RIGHT OF DECISIONS ( 1 ) All services shall be performed by the CONSULTANT to the satisfaction of the COUNTY ' S Project Manager, who shall decide all questions, difficulties, and disputes of whatever nature which may arise under or by reason of this Agreement and according to the prosecution and fulfillment of the service hereunder, and the character, quality, amount and value thereof, and the Project Manager ' s decision upon all claims questions and disputes shall be final conclusive and binding upon the parties hereto unless such determination is clearly arbitrary or unreasonable . (2) Adjustments of compensation and time because of any major changes in the work that might become necessary or be deemed desirable as the work progresses shall be reviewed by the Page 13 of 18 F:\Public Works\ENGINEERING DIVISION PROIFCIS\1135-S County Park Intergeneratlional Rec Facllfty\Admfm\bId documents\Agreement with Borrelli and Partners, Inc 03-20-12.doc