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SECTION VII — CHANGE IN THE PROJECT SCOPE AFTER A WORK ORDER HAS <br /> BEEN EXECUTED <br /> If the project scope is changed after a Work Order has been executed , such work <br /> shall be the subject of a Supplemental Work Order formally approved by the Board of <br /> County Commissioners , <br /> SECTION VIII — PAYMENTS <br /> The COUNTY shall make monthly partial payments to the ENGINEER as <br /> provided for in the Work Order. A ten percent ( 10 % ) retainage shall be withheld by the <br /> COUNTY until all of the ENGINEER' s work is completely accepted by the COUNTY . If <br /> work is held up on the project for six months or greater due to no fault of the <br /> ENGINEER , the ENGINEER may request release of the accumulated retainage . <br /> Unless otherwise stated in the Work Order, the ENGINEER shall submit duly <br /> certified invoices in triplicate to the Public Works Director or his designee . <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 Public Works Director or his designee , prior to payment . <br /> SECTION IX — RIGHT OF DECISIONS <br /> All services shall be performed by the ENGINEER to the satisfaction of the Public <br /> Works Director who shall decide all questions , difficulties , and disputes of whatever <br /> nature that may arise under or by reason of this Agreement , according to the <br /> prosecution and fulfillment of the service hereunder, and the character, quality , amount <br /> and value thereof. The Director' s decision upon all claims , questions , and disputes <br /> shall be final , conclusive , and binding upon the parties hereto , unless such <br /> determination is clearly arbitrary or unreasonable . <br /> Adjustments of compensation and contract time because of any major changes <br /> in the work that might become necessary or be deemed desirable as the work <br /> progresses shall be reviewed by the Public Works Director. If the ENGINEER does not <br /> concur in the judgment of the Public Works Director as to any decisions made by him or <br /> her, it shall present its written objections to the County Administrator of Indian River <br /> 6 <br /> F : \Public Works\Capital Projects\0222 ROADWAY PLANNING\Master Agreement. doc <br />