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