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made by CONTRACTOR to withhold retainage on any subcontractor at greater than five percent <br /> ( 5 % ) after fifty percent ( 50 % ) completion ; and 2 ) CONTRACTOR will not seek release from the <br /> County as OWNER of the withheld retainage until the final pay request . <br /> 5 . 4 . Federal Funds , Paragraphs 5 . 2 and 5 . 3 do not apply to construction services work <br /> purchased by the County as OWNER which are paid for , in whole or in part , with federal <br /> funds <br /> and are subject to federal grantor laws and regulations or requirements that are contrary to any <br /> provision of the Local Government Prompt Payment Act . In such event , payment and retainage <br /> provisions shall be governed by the applicable grant requirements and guidelines . <br /> ARTICLE 6 FINAL PAYMENT <br /> 6 . 1 . Acceptance And Final Payment : Upon receipt of written notice that the work is <br /> ready for final inspection and acceptance , the ENGINEER will promptly make such inspection <br /> and when the ENGINEER finds the work acceptable under the terms of the Contract and the <br /> Contract fully performed , the ENGINEER will promptly issue a final completion certificate stating <br /> that the work provided for in this Contract has been completed , and acceptance by the OWNER <br /> under the terms and the conditions thereof is recommended and the entire balance found to be <br /> due the CONTRACTOR , will be paid to the CONTRACTOR by the OWNER following County <br /> Commission approval of the final Contract payment . <br /> 6 . 2 . Acceptance of Final Pavment as Release . The acceptance by the CONTRACTOR <br /> of final payment shall be and shall operate as a release to the OWNER from all claims and all <br /> liability to the CONTRACTOR other than claims in stated amounts as may be specifically <br /> excepted by the CONTRACTOR for all things done or furnished in connection with the work <br /> under this Contract and for every act and neglect of the OWNER and others relating to <br /> or <br /> arising out of the work . Any payment , however , final or otherwise , shall not release the <br /> CONTRACTOR or its sureties from any obligations under the Contract Documents or the <br /> Payment and Performance Bonds , <br /> ARTICLE 7 CONTRACTOR ' S REPRESENTATIONS <br /> 7 . 1 . In order to induce OWNER to enter into this Agreement , CONTRACTOR makes the <br /> following representations : <br /> 7 . 1 . 1 . CONTRACTOR has familiarized itself with the nature and extent of the Contract <br /> Documents , work , site , locality , and all local conditions and laws and regulations that in any <br /> manner may affect cost , progress , performance or furnishing of the work . <br /> 7 . 1 . 2 . CONTRACTOR has studied carefully all reports of explorations and tests of <br /> subsurface conditions and drawings of physical conditions which are identified in the <br /> Supplementary Conditions as provided in Paragraph 4 . 02 of the General Conditions , and accepts <br /> the determination set forth in Paragraph SC-4 . 02 of the Supplementary Conditions of the extent of <br /> the technical data contained in such reports and drawings upon which CONTRACTOR is entitled <br /> to rely . <br /> 7 . 1 . 3 . CONTRACTOR has obtained and carefully studied ( or assumes responsibility for <br /> obtaining and carefully studying ) all such examinations , investigations , explorations , tests , reports <br /> and studies ( in addition to or to supplement those referred to in Paragraph 7 . 2 above <br />) which <br /> pertain to the subsurface or physical conditions at or contiguous to the site or otherwise <br />may <br /> 00530 - 4 <br />