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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 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 Payment 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 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) which <br /> pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may <br /> 00530-4 <br /> II <br />