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1. Progress payments will be made in an amount equal to the percentage indicated <br />below, less the aggregate of payments previously made and Tess such amounts as <br />ENGINEER may determine or OWNER may withhold, in accordance with paragraph <br />14.02 of the General Conditions: <br />a. Ninety percent (90%) of Work completed until the Work is fifty percent (50%) <br />complete, after which payment will be ninety-five percent (95%) of Work completed <br />(with the balance in both instances being retainage). There will be no payment for <br />the cost of materials and equipment not incorporated in the Work but stored on the <br />Project site. <br />6.3 Final Payment <br />A. Upon final completion and acceptance of the Work in accordance with paragraph 14.07 of <br />the General Conditions, OWNER shall pay the remainder of the Contract Price as <br />recommended by ENGINEER as provided in said paragraph 14.07. <br />ARTICLE 7 - INDEMNIFICATION <br />7.01 CONTRACTOR shall indemnify OWNER, ENGINEER, and others in accordance with <br />paragraph 6.20 (Indemnification) of the General Conditions to the Construction Contract. <br />ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS <br />8.1 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the <br />following representations: <br />A. CONTRACTOR has examined and carefully studied the Contract Documents and the <br />other related data identified in the Bidding Documents. <br />B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the <br />general, local, and Site conditions that may affect cost, progress, and performance of the <br />Work. <br />C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and <br />Regulations that may affect cost, progress, and performance of the Work. <br />D. CONTRACTOR has carefully studied all: (1) reports and drawings of physical conditions <br />in or relating to existing surface and subsurface structures at or contiguous to the Site <br />(except Underground Facilities) which have been identified as provided in paragraph 4.02 <br />of the General Conditions and (2) reports and drawings of a Hazardous Environmental <br />Condition, if any, at the Site which have been identified as provided in paragraph 4.06 of <br />the General Conditions. <br />E. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having <br />done so) all examinations, investigations, explorations, tests, studies, and data concerning <br />conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site <br />which may affect cost, progress, or performance of the Work or which relate to any aspect <br />of the means, methods, techniques, sequences, and procedures of construction to be <br />employed by CONTRACTOR, including applying the specific means, methods, <br />techniques, sequences, and procedures of construction, if any, expressly required by the <br />Contract Documents to be employed by CONTRACTOR, and safety precautions and <br />programs incident thereto <br />00520 - Agreement <br />00520 - 3 <br />F \Purchasing\Bids\2016-2017 FY (2017000)\2017049 Concrete Sawing PC Main Rebid\00520 - Agreement.doc Rev. 05/01 <br />