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ATTACHMENT 2 to AMENDMENT NO 1 to WORK ORDER NUMBER GKE-2 SCRUB JAY FRIENDLY LANDSCAPING AND MAINTAINCE SERVICES FOR OSPREY MARSH ALGAL NUTRIENT REMOVAL FACILITY 1. COMPENSATION The COUNTY agrees to pay and the CONSULTANT agrees to accept, a not -to -exceed fee of $263,649 05 based on contractual unit prices, for services rendered according to Attachment 1 of this Work Order and as summarized on Exhibit 3 Additional services shall be performed at the hourly rates as set forth in the Agreement or at negotiated prices, whichever is pertinent. 2. PARTIAL PAYMENTS The COUNTY shall make monthly partial payments to the CONSULTANT for all authorized work pertaining directly to this project performed dunng the previous calendar month. The CONSULTANT shall submit invoices monthly for services performed and expenses incurred pursuant to this Agreement during the prior month. The CONSULTANT shall submit duly certified invoices in duplicate to the Director of the Public Works Department. For lump sum line items, the amount submitted shall be the prorated amount due for all work performed to date under this phase, determined by applying the percentage of the work completed as certified by the CONSULTANT, to the total due for this phase of the work. For time and material line items, the amount submitted shall be based on the actual hours worked and expenses incurred for the billing period. The amount of the partial payment due the CONSULTANT for the work performed to date under these phases shall be an amount calculated in accordance with the previous paragraph, less ten percent (10%) of the invoice amount thus determined, which shall be withheld by the COUNTY as retainage, and less previous payments. Per F.S. 218.74(2), the COUNTY will pay approved invoices on or before the forty-fifth day after the COUNTY receives the CONSULTANT's invoice. Per F.S. 218.74(2), the ten percent (10%) retainage withheld shall be paid in full to the CONSULTANT by the COUNTY, on or before the forty-fifth day after the date of final acceptance of the Work by the Public Works Director. Retainage shall be released as follows: 1. Landscape Plantings — Retainage for landscape plantings is eligible for release ninety (90) days after the COUNTY's acceptance of the landscaping Work 2. Watering and Exotic Control — Assuming the Work is acceptable, retainage will be eligible for release at the end of each calendar year for the Work performed during that calendar year. **END OF ATTACHMENT 2** Page 3 of 4 F:\Public Works\KeithM\Stormwater Projects\PC South Construction\Work Orders\GK Environmental\Amendment 1 \Work Order GKE-2 - Amendment 1.doc 60