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2007-2008 Agreement Page 5 of I I 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 Morgan Eklund AGREEMENT mob 2007.doc