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<br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br /> <br />additional retainage on account of Work completed, in which case the remaining progress payments <br />prior to Substantial Completion wi]] be in an amount equal to 100% of the Work completed. <br /> <br />~ % (with the balance being retain age) of materials and equipment not incorporated in the Work <br />(but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as <br />provided in Paragraph 14.02 of the General Conditions and within Section 9-6.5 partial payments as <br />provided in FDOT Standard Specifications for Road and Bridge Construction. <br /> <br />5.1.2. \Vhen circumstances beyond the CONTR4.CTORS control arise (as determined by the <br />O\VNER) the OWNER may al10w the total payment to the CONTRACTOR to increase to 980;;, <br />of the contract price (with the balance being retainage), less such amounts as ENGINEER shall <br />determine, only after receipt of the final as-built and upon substantial completion of the project and <br />in accordance with Paragraph 14.02 of the General Conditions. <br /> <br />5.2. Final Payment. Upon final completion and acceptance of the Work in accordance with Paragraph <br />14.07 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended <br />by ENGINEER as provided in said Paragraph 14.07. <br /> <br />Article 6. INTEREST. (Not Applicable) <br /> <br />Article 7. CONTRACTOR'S REPRESENTATIONS. <br /> <br />In order to induce OWNER to enter into this Agreement CONTRACTOR makes the fol1owing <br />representations: <br /> <br />7.1. CONTRACTOR has examined and careful1y studied the Contract Documents (including the <br />Addenda listed in Paragraph 8.9) and the other related data identified in the Bidding Documents <br />including "technical data." <br /> <br />7.2. 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, performance or furnishing of the <br />Work. <br /> <br />7.3. CONTRACTOR is familiar with and is satisfied as to all federal. state and local Laws and <br />Regulations that may affect cost, progress, performance and furnishing of the Work. <br /> <br />7.4. CONTRACTOR has careful1y studied a]] reports of explorations and tests of subsurface <br />conditions at or contiguous to the site and al1 drawings of physical conditions in or relating to <br />existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) <br />which have been identified in the Supplementary Conditions as provided in Paragraph 4.02.Al. of <br />the General Conditions. CONTRACTOR accepts the determination set forth in Paragraph SC-4 of <br />the Supplementary Conditions of the extend of the "technical data" contained in such reports and <br />drawings upon which CONTRACTOR is entitled to rely as provided in Paragraph 4.02 B of the <br />General Conditions. CONTRACTOR acknowledges that such reports and drawings are not <br />Contract Documents and may not be complete for CONTRACTOR's purposes. CONTRACTOR <br />acknowledges that OWNER and ENGINEER do not assume responsibility for the accuracy or <br />completeness of information and data shown or indicated in the Contract Documents with respect to <br />Underground Facilities at or contiguous to the site. CONTRACTOR has obtained and careful1y <br />studied (or assumes responsibility for having done so) all such additional supplementary <br />examinations, investigations, explorations, tests, studies and data conceming conditions (surface, <br /> <br />EJCDC STANDARD FORM OF AGREEMENT Oct. 2007 <br /> <br />00500-3 <br />