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SECTION VIII - EXTRA WORK A. 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 Contract for said Extra Work by the COUNTY. said Extra Work may commence upon receipt of a Notice to Proceed. B. 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 (copy attached). SECTION IX - PARTIAL PAYMENTS A. The COUNTY shall make monthly partial payments to the CONSULTANT. B. The CONSULTANT shall submit duly certified invoices to the COUNTY'S project manager. C. A IO% retainage will be withheld by the COUNTY until receipt of final design documents (Retainage for work completed in Phases 1, 2, or 3). The CONSULTANT can apply for all retainage held to date after the final design documents have been accepted by the COUNTY. A retainage of 10% will apply to services provided in the remaining Bidding and Negotiations and Construction Administration services (Phases 4, 5) until satisfactory completion of the CONSULTANT'S portion of the project. SECTION X - RIGHT OF DECISIONS A 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 managers 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. B. Adjustments of compensation and contract 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 COUNTY'S project manager. In the event that the CONSULTANT does not concur in the judgment of the COUNTY'S project manager as to any decisions made by him, he shall present his written objections to the County Administrator; and the COUNTY'S project manager and the CONSULTANT shall abide by the decision of the County Administrator of Indian River County, unless the decision is clearly arbitrary or unreasonable. The CONSULTANT may appeal the decision to the Board of County Commissioners. 15