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O1 <br />O2 <br /> <br />0¢ <br />O5 <br />O6 <br />07 <br />O8 <br />O9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />1S <br />16 <br />17 <br />lB <br />19 <br />2O <br /> <br />23 <br /> 24. <br />25 <br />26 <br /> <br />28 <br />29 <br />3O <br />31 <br /> <br /> 34, <br />35 <br />36 <br />37 <br /> :38 <br />39 <br /> 4.0 <br /> <br /> 42 <br /> <br /> 44' <br /> 45 <br /> <br /> 47 <br />48 <br /> <br />CONTRJ~CTOR shall submit Applications for Payment to be processed by <br />ENGINEER as provided below. <br /> <br />S.1. Progress Payments; Retainage. OWNER shall make progress payments <br /> on account of the Contract Price on the basis of CONTRACTOR's <br /> Applications for Payment as recommended by ENGINEER, on or about <br /> the ISth day of each month during construction. A retainage of 10% <br /> of the amount earned by the Contractor shall be withheld unttl <br /> final completion and project closeout. <br /> <br />5.2. Final Payment. Upon final completion and acceptance of the Work, <br /> OWNER shall pay the remainder of the Contract Price as recommended <br /> by ENGINEER. <br /> <br />Article 6. CONTRACTOR'S REPRESENTATIONS <br /> <br />In order to induce OWNER to enter into this Agreement, CONTRACTOR makes <br />the following representations: <br /> <br />6.1. <br /> <br />CONTRACTOR has thoroughly examined and carefully studied the <br />Contract Oocuments and the other related data identified in the <br />Bidding Documents including "technical data." <br /> <br />CONTRACTOR has visited the site and become familiar with and is <br />satisfied as to the general, local and site conditions that may <br />affect cost, progress, performance or furnishing of the Work. <br /> <br />6.3. <br /> <br />CONTRACTOR acknowledges that OWNER and ENGINEER do not assume <br />responsibility for the accuracy or completeness of information and <br />data shown or indicated with respect to Underground Facilities at <br />or contiguous to the site. <br /> <br />6.4. CONTRACTOR is aware of the general nature of Work to be performed <br /> by OWNER and others at the site that relates to the Work. <br /> <br />Article 7. MISCELLANEOUS <br /> <br />OWNER and CONTRACTOR each binds itself, its partners, successors, <br />assigns and legal representatives to the other party hereto, its <br />partners, successors, assigns and legal representatives in respect <br />to all covenants, agreements and obligations contained in the <br />Contract Documents. <br /> <br />IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in <br />triplicate. One counterpart each has been delivered to OWNER, CONIP~ACTOR, <br />and ENGINEER. All portions of the Contract Documents have been signed, <br />initialed or identified by OWNER and CONTRACTOR or identified by ENGINEER <br />on their behalf. <br /> <br />HELMS FARM POND DAM REHABILITATION <br /> <br />LOO/~OOd 0£9'0N <br /> <br />O1 <br />O2 <br /> <br />O4 <br />05 <br />06 <br />O7 <br />08 <br />09 <br />10 <br />11 <br />12 <br />13 <br /> 14. <br />15 <br />16 <br />17 <br />lB <br />lg <br />20 <br />21 <br />22 <br />23 <br />24 <br /> <br />26 <br />27 <br />28 <br />Z9 <br />~o <br />31 <br />32 <br />33 <br /> <br />3~ <br />36 <br />37 <br /> <br />39 <br />40 <br />41 <br /> <br />43 <br /> <br />46 <br /> <br /> <br />