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J <br /> the Public Works Department . For lump sum line items , the amount submitted shall be <br /> the prorated amount due for all work performed to date under this phase , determined by <br /> applying the percentage of the work completed as certified by the ENGINEER , to the <br /> total due for this phase of the work . For time and material line items , the amount <br /> submitted shall be based on the actual hours worked and expenses incurred for the <br /> billing period . <br /> The amount of the partial payment due the ENGINEER for the work performed to <br /> date under these phases shall be an amount calculated in accordance with the previous <br /> paragraph , less ten percent ( 10 % ) of the invoice amount thus determined , which shall <br /> be withheld by the COUNTY as retainage , and less previous payments . Per F . S . <br /> 218 . 74 (2 ) , the COUNTY will pay approved invoices on or before the forty-fifth day after <br /> the COUNTY receives the ENGINEER ' s invoice . <br /> Per F . S . 218 . 74 (2 ) , the ten percent ( 10 % ) retainage withheld shall be paid in full <br /> to the ENGINEER by the COUNTY , on or before the forty-fifth day after the date of final <br /> acceptance of the Work by the Public Works Director. <br /> The Agreement is broken into deliverable units . No payment shall be made <br /> unless the Public Works Director has received and approved the work products <br /> required under the "Scope of Services Provided by the ENGINEER , " herein . <br /> SECTION VII = VENUE <br /> Venue for any lawsuit brought by either party against the other party or otherwise <br /> arising out of this Contract shall be in Indian River County, Florida , or, in the event of a <br /> federal jurisdiction , in the United States District Court for the Southern District of Florida . <br /> SECTION VIII - RELATIONSHIP TO MASTER AGREEMENT AND LAWS <br /> OF FLORIDA <br /> All conditions set forth in the MASTER AGREEMENT shall control unless <br /> otherwise specified in this WORK ORDER . <br /> This WORK ORDER No . 3A , regardless of where executed , shall be governed <br /> by and construed according to the laws of the State of Florida . <br /> .....--------......--------.....----------..... <br /> F:\Public Works\KeithM\Stormwater Projects\East IRC\Contracts\Consultant Contract with Carter & Associates\Work Order No. 3 - Calpine Node <br /> - Phase Work Order #3A - Additional Engineering Services - Latest Revision - February 16, 2003 .doc <br /> 3 <br />