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Unit Price Work based on the number of units completed ) or, in the event there is no schedule of values , as provided in the General Requirements : 1 . Progress payments will be made in an amount equal to the percentage indicated ' below but, in each case , less the aggregate of payments previously made and less such amounts as ENGINEER may determine or OWNER may withhold , in accordance with paragraph 14 . 02 of the General Conditions (and Supplementary Conditions if applicable ) : a . Ninety percent (90% ) of Work completed (with the balance being retainage) ; and ' b . Eighty percent (80% ) of cost of materials and equipment not incorporated in the Work but stored on the Project site (with the balance being retainage ) . ' 6 . 03 Final Payment ' A. Upon final completion and acceptance of the Work in accordance with paragraph 14 . 07 of the General Conditions (and Supplementary Conditions if applicable ) , OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14 . 07 . ' ARTICLE 7 = INDEMNIFICATION 7 . 01 CONTRACTOR shall indemnify OWNER , ENGINEER , and others in accordance with paragraph 6 . 20 ( Indemnification) of the General Conditions (and Supplementary Conditions if applicable ) to the Construction Contract. ' ARTICLE 8 = CONTRACTOR'S REPRESENTATIONS 8 . 01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations : ' A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents , B . CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general , local , and Site conditions that may affect cost, progress , and performance of the Work . ' C . CONTRACTOR is familiar with and is satisfied as to all federal , state , and local Laws and Regulations that may affect cost, progress , and performance of the Work . D . CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all examinations , investigations , explorations , tests , studies , and data concerning conditions (surface , subsurface , and Underground Facilities ) at or contiguous to the Site ' which may affect cost, progress , or performance of the Work or which relate to any aspect of the means , methods , techniques , sequences , and procedures of construction to be employed by CONTRACTOR, including applying the specific means , methods , techniques , sequences , and procedures of construction , if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto 00520 - Agreement (Public Works).doc 00520 - 4 HARMONY OAKS FAPublic Works\KeithM\Stornw4ater Projects\Harmony Oaks Mitigation Project\Construction Contract\Bidding and Construction Contract Documents\00520 - Agreement (Public Works).doc Rev. 05/01