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2007-2008 Agreement Page 5 of 12 Continuing Professional Surveying/GIS Contract SECTION VIII — PAYMENTS The COUNTY shall make monthly partial payments Pursuant to Florida Prompt Payment Act ( F . S . 218 . 70) to the SURVEYOR as provided for in the Work Order. A ten percent ( 10%) retainage shall be withheld by the COUNTY until fifty percent (50 % ) completion of the work. After fifty percent (50%) completion of the work is attained as certified to the County by SURVEYOR in writing , County shall retain five percent (5%) of the payment amount due to Surveyor until final completion and acceptance of all work to be performed by SURVEYOR under the Contract Documents . Pursuant to Florida Statutes section 218 . 735(8)(b) , fifty percent (50%) completion means the point at which the County as OWNER has expended fifty percent (50% ) of the total cost of the Surveying services work purchased under the Contract Documents, together with all costs associated with existing change orders and other additions or modifications to the construction services work provided under the Contract Documents. Pay Requests. A. Each request for a progress payment shall be submitted on the application for Payment form supplied by COUNTY and the application for payment shall contain the SURVEYOR'S certification . All progress payments will be on the basis of progress of the work measured by the schedule of values established , or in the case of unit price work based on the number of units completed . After fifty percent (50% ) completion , and pursuant to Florida Statutes section 218 . 735(8 )(d ), the SURVEYOR may submit a pay request to the County for up to one half ( 1 /2 ) of the retainage held by the County, and the County shall promptly make payment to the SURVEYOR unless such amounts are the subject of a good faith dispute ; the subject of a claim pursuant to Florida Statutes section 255. 05(2005) ; or otherwise the subject of a claim or demand by the County or the SURVEYOR. The SURVEYOR acknowledges that where such retainage is attributable to the labor, services, or materials supplied by one or more subcontractors or suppliers, the SURVEYOR shall timely remit payment of such retainage to those subcontractors and suppliers. Pursuant to Florida Statutes section 218 . 735(8)(c)(2005), SURVEYOR further acknowledges and agrees that: 1 ) the County shall receive immediate written notice of all decisions made by SURVEYOR to withhold retainage on any subcontractor at greater than five percent (5 % ) after fifty percent (50% ) completion ; and 2 ) SURVEYOR will not seek release from the County of the withheld retainage until the final pay request. The Agreement shall be divided into units of deliverables, which shall include, but not be limited to, reports , findings , drawings , and drafts, that must be received and accepted in writing by the County Public Works Director or designee, prior to payment. F :\Engineering\Capital Projects\0725- 2007 Annual Prof Survey Contract\Agreements\0725- 07-08 Kimley Horn AGREEMENT mob 2007 KH REV 10-5-07.doc