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Page 5 of 11 <br /> 2007-2008 Agreement <br /> Continuing Professional Surveying/GIS Contract <br /> SECTION VIII — PAYMENTS <br /> The COUNTY shall make monthly partial payments Pursuant to Florida Prompt <br /> Payment Act (F . S . 218 . 70) to the SURVEYOR as provided for in the Work Order. A ten <br /> percent ( 10%) retainage shall be withheld by the COUNTY until fifty percent (50%) <br /> completion of the work. After fifty percent (50%) completion of the work is attained as <br /> certified to the County by SURVEYOR in writing , County shall retain five percent (5 %) of <br /> the payment amount due to Surveyor until final completion and acceptance of all work <br /> to be performed by SURVEYOR under the Contract Documents . Pursuant to Florida <br /> Statutes section 218 . 735(8)(b) , fifty percent (50 %) completion means the point at which <br /> the County as OWNER has expended fifty percent (50%) of the total cost of the <br /> Surveying services work purchased under the Contract Documents , together with all <br /> costs associated with existing change orders and other additions or modifications to the <br /> construction services work provided under the Contract Documents . <br /> Pay Requests. <br /> A. Each request for a progress payment shall be submitted on the application for <br /> Payment form supplied by COUNTY and the application for payment shall contain the <br /> SURVEYOR'S certification . All progress payments will be on the basis of progress of <br /> the work measured by the schedule of values established , or in the case of unit price <br /> work based on the number of units completed . After fifty percent (50 %) completion , and <br /> pursuant to Florida Statutes section 218. 735(8)(d) , the SURVEYOR may submit a pay <br /> request to the County for up to one half ( 1 /2) of the retainage held by the County, and <br /> the County shall promptly make payment to the SURVEYOR unless such amounts are <br /> the subject of a good faith dispute; the subject of a claim pursuant to Florida Statutes <br /> section 255 . 05(2005) ; or otherwise the subject of a claim or demand by the County or <br /> the SURVEYOR . The SURVEYOR acknowledges that where such retainage is <br /> attributable to the labor, services , or materials supplied by one or more subcontractors <br /> or suppliers , the SURVEYOR shall timely remit payment of such retainage to those <br /> subcontractors and suppliers . Pursuant to Florida Statutes section 218 . 735(8) (c)(2005) , <br /> SURVEYOR further acknowledges and agrees that: 1 ) the County shall receive <br /> immediate written notice of all decisions made by SURVEYOR to withhold retainage on <br /> any subcontractor at greater than five percent (5%) after fifty percent (50%) completion ; <br /> and 2) SURVEYOR will not seek release from the County of the withheld retainage until <br /> the final pay request. <br /> The Agreement shall be divided into units of deliverables, which shall include, but <br /> not be limited to, reports , findings, drawings, and drafts , that must be received and <br /> accepted in writing by the County Public Works Director or designee , prior to payment. <br />