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such amounts as ENGINEER may determine or OWNER may withhold , in accordance <br /> ' with paragraph 14 . 02 of the General Conditions : <br /> a . Ninety percent (90% ) of Work completed (with the balance being retainage ) ; and <br /> b . Eighty percent (80% ) of cost of materials and equipment not incorporated in the <br /> Work but stored on the Project site (with the balance being retainage ) . <br /> 6 . 03 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 . 01 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 of explorations and tests of <br /> ' subsurface conditions at or contiguous to the Site and all drawings of physical conditions <br /> in or relating to existing surface or subsurface structures at or contiguous to the Site <br /> (except Underground Facilities ) which have been identified in the Supplementary <br /> Conditions as provided in paragraph 4 . 02 of 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 /> F . CONTRACTOR does not consider that any further examinations , investigations , <br /> ' explorations , tests , studies , or data are necessary for the performance of the Work at the <br /> Contract Price , within the Contract Times , and in accordance with the other terms and <br /> conditions of the Contract Documents . <br /> ' 0399-00520 Agreement (Public Works) <br /> 00520 - 4 <br /> F:\Engineering\Capital Projects\0399 North County Regional Park, Phase 11\0399 Contract Docs\0399-00520 - Agreement (Public Works).doc Rev. 05101 <br />