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6.04. Acceptance of Final Payment as Release. <br />The acceptance by the CONTRACTOR of final payment shall be and shall operate as a <br />release to the OWNER from all claims and all liability to the CONTRACTOR other than <br />claims in stated amounts as may be specifically excepted by the CONTRACTOR for all <br />things done or furnished in connection with the work under this Contract and for every act <br />and neglect of the OWNER and others relating to or arising out of the work. Any payment, <br />however, final or otherwise, shall not release the CONTRACTOR or its sureties from any <br />obligations under the Contract Documents or the Payment and Performance Bonds, <br />6.05 Final Payment <br />A. Upon final completion and acceptance of the Work in accordance with paragraph 14.07 of the <br />General Conditions (and Supplementary Conditions if applicable), OWNER shall pay the <br />remainder of the Contract Price as recommended by ENGINEER and ENGINEER's <br />CONSULTNAT 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 (and Supplementary Conditions if <br />applicable) 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 following <br />representations: <br />A. CONTRACTOR has examined and carefully studied the Contract Documents and the other <br />related data identified in the Bidding Documents. <br />B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, <br />local, and Site conditions that may affect cost, progress, and performance of the 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 subsurface <br />conditions at or contiguous to the Site and all drawings of physical conditions in or relating to <br />existing surface or subsurface structures at or contiguous to the Site (except Underground <br />Facilities) which have been identified in the Supplementary Conditions as provided in <br />paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazardous <br />Environmental Condition, if any, at the Site which have been identified in the Supplementary <br />Conditions as provided in paragraph 4.06 of the General Conditions, <br />E. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done <br />so) all additional or supplementary examinations, investigations, explorations, tests, studies, <br />and data concerning conditions (surface, subsurface, and Underground Facilities) at or <br />contiguous to the Site which may affect cost, progress, or performance of the Work or which <br />relate to any aspect of the means, methods, techniques, sequences, and procedures of <br />construction to be employed by CONTRACTOR, including applying the specific means, <br />methods, techniques, sequences, and procedures of construction, if any, expressly required by <br />Last Revision 12/2007 00520-5 Wabasso Beach Pk, Restoration <br />F:\Public Works\Cliff Suthard\Wabasso Beach Park\A Construction Bid Documents\Bid Documents as of 1-9-2008\Div 0 AS OF 1-8- <br />2008\00520 - Agreement (Public Works).doc <br />