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9- 16-2003 4. _ 43PM FROM INDIAN RIVER COUNTY 7727789391 P . 5 SECTION VII — CHANGE IN THE PROJECT SCOPE AFTER A WORK ORDER HAS BEEN EXECUTED If the project scope is changed after a Work Order has been executed , such work shall be the subject of a Supplemental Work Order formally approved by the Board of County Commissioners . 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 all of the SURVEYOR' s work is completely accepted by the COUNTY. If work is held up on the project for six months or greater due to no fault of the SURVEYOR , the SURVEYOR may request release of the accumulated retainage. Unless otherwise stated in the Work Order, the SURVEYOR shall submit duly certified invoices in triplicate to the County Public Works Director. 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, prior to payment . SECTION 1X — RIGHT OF DECISIONS All services shall be performed by the SURVEYOR to the satisfaction of the County Public Works Director who shall decide all questions , difficulties , and disputes of whatever nature that may arise under or by reason of this Agreement , according to the prosecution and fulfillment of the service hereunder, and the character, quality , amount and value thereof, The COUNTY' s decision upon all claims , questions , and disputes shall be final , conclusive , and binding upon the parties hereto , unless such determination is clearly arbitrary or unreasonable . Adjustments of compensation and contract time because of any major changes in the work that might become necessary or be deemed desirable as the work progresses shall be reviewed by the County Public Works Director. If the SURVEYOR does not concur in the judgment of the County Public Works Director as to any decisions made by him or her, it shall present its written objections to the County Administrator of Indian River County, who shall make a decision , and the SURVEYOR shall abide by the County Administrator's decision , unless the decision is clearly arbitrary or unreasonable . SECTION X — OWNERSHIP AND REUSE OF DOCUMENTS A . Ownership and Copyright: Ownership and copyright of all reports , tracings , plans , specifications , field books, survey information , maps , contract documents , and other data developed by the SURVEYOR pursuant to this Agreement, shall be vested in the COUNTY . Said materials shall be made available to the COUNTY by the SURVEYOR at any time upon request of the COUNTY. On or before the tenth day after all work contemplated under this Agreement is complete , all of the above materials shall be delivered to the County Public Works Director 4 F:\Engineering\Capital Projects\0390-Annual Survey Contracts 2003-2004\0390 AGREEMENT-CARTER ASSOCATES . doc