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r <br /> v <br /> i <br /> SECTION VII - PARTIAL PAYMENTS <br /> The COUNTY shall make monthly partial payments to the ENGINEER for all authorized <br /> work pertaining directly to this project performed during the previous calendar month . The <br /> ENGINEER shall use the form provided in "Attachment A," herein. The ENGINEER shall <br /> submit invoices monthly for services performed and expenses incurred pursuant to this <br /> Agreement during the prior month. <br /> The ENGINEER shall submit duly certified invoices in duplicate to the Director of the <br /> Public Works Department. For lump sum line items, the amount submitted shall be the prorated <br /> amount due for all work performed to date under this phase, determined by applying the <br /> percentage of the work completed as certified by the ENGINEER, to the total due for this phase <br /> of the work. For time and material line items , the amount submitted shall be based on the actual <br /> hours worked and expenses incurred for the billing period . <br /> The amount of the partial payment due the ENGINEER for the work performed to date <br /> under these phases shall be an amount calculated in accordance with the previous paragraph, less <br /> ten percent ( 10%) of the invoice amount thus determined, which shall be withheld by the <br /> COUNTY as retainage, and less previous payments . Per F . S . 218 . 74(2) , the COUNTY will pay <br /> approved invoices on or before the forty- fifth day after the COUNTY receives the ENGINEER ' s <br /> invoice . <br /> Per F . S . 218 . 74(2) , the ten percent ( 10%) retainage withheld shall be paid in full to the <br /> ENGINEER by the COUNTY, on or before the forty-fifth day after the date of final acceptance <br /> of the Work by the Public Works Director. <br /> The Agreement is broken into deliverable units . No payment shall be made unless the <br /> Public Works Director has received and approved the work products required under the "Scope <br /> of Services Provided by the ENGINEER, " herein. <br /> SECTION VIII - VENUE <br /> Venue for any lawsuit brought by either party against the other party or otherwise arising out of this <br /> Contract shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United <br /> States District Court for the Southern District of Florida. <br /> SECTION IX - RELATIONSHIP TO MASTER AGREEMENT AND LAWS <br /> OF FLORIDA <br /> All conditions set forth in the MASTER AGREEMENT shall control unless otherwise <br /> specified in this WORK ORDER. <br /> The laws of the State of Florida shall govern this Contract, regardless of where executed. <br /> F:\Public Works\Capital Projects\0222 ROADWAY PLANNING\Work Order.doc <br /> 6 <br /> PROJECT <br />