01-28-19 Regular Meeting of the La Porte City Council

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City shall be responsible for, and Huitt-Zollars may rely upon, the accuracy and completeness of all requirements, programs, instructions, reports, data, and other information furnished by City or any of its other consultants (collectively the City) to Huitt-Zollars pursuant to this Agreement. Huitt-Zollars may use such requirements, programs, instructions, reports, data, plans and information in performing or furnishing services under this Agreement. Any increased costs incurred by Huitt-Zollars due to changes in or the incorrectness of information provided by the City shall be compensable to Huitt-Zollars. 14. OWNERSHIP OF INSTRUMENTS OF SERVICE All reports, drawings, specifications, computer files, field data, notes and other documents and instruments prepared by Huitt-Zollars as instruments of service shall remain the property of Huitt-Zollars. Huitt-Zollars shall retain all common law, statutory and other reserved rights, including the copyright thereto. 15. SEVERABILITV Any term or provision of this AGREEMENT found to be invalid under any applicable statute or rule of law shall be deemed omitted and the remainder of this AGREEMENT shall remain in full force and effect. 16. ASSIGNMENT Neither party to this Agreement shall transfer, sublet or assign any rights or duties under or interest in this Agreement, including but not limited to monies that are due or monies that may be due, without the prior written consent of the other party. Subcontracting to subconsultants, normally contemplated by Huitt-Zollars as a generally accepted business practice, shall not be considered an assignment for purposes of this Agreement. 17. DISPUTE RESOLUTION 17.1 Huitt-Zollars will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder, Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work in respect of changes in the Contract Price or Contract Times will be referred initially to Huitt-Zollars in writing with a request for a formal decision in accordance with this paragraph. Written notice of each such claim, dispute, or other matter will be delivered by the claimant to the other party of the Agreement promptly (but in no event later than thirty [30] days) after the start of the occurrence or event giving rise thereto, and written supporting data will be submitted to Huitt-Zollars and the other party within forty-five (45) days after start of such occurrence or event unless Huitt-Zollars allows an additional period of time for the submission of additional or more accurate data in support of such claim, dispute or other matter. The opposing part shall submit any response to Huitt-Zollars and the claimant within thirty (30) days after receipt of the claimant's last submittal (unless Huitt-Zollars allows additional time). Huitt-Zollars will render a formal decision in writing within thirty (30) days after receipt of the opposing party's submittal, if any, in accordance with this paragraph. The Huitt-Zollars' rendering of a formal decision shall be a condition precedent to further dispute resolution actions. The General process for dispute resolution shall be: • Huitt-Zollars renders a decision • Senior representatives meet to resolve further dispute • Mediation 17.2 CONFERENCE BETWEEN SENIOR REPRESENTATIVES: Subsequent to the decision by the Huitt-Zollars, the disputing party shall give the other party written notice of appeal of the dispute including the Huitt-Zollars. Within ten (10) days after receipt of said notice, the receiving party shall submit to the other a written response. The notice and response shall include (a) a statement of each party's position and a summary of the evidence and arguments supporting its