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6.05 Acceptance of Final Payment as Release. <br />A. The acceptance by the CONTRACTOR of final payment shall be and shall operate <br />as a release to the OWNER from all claims and all liability to the CONTRACTOR <br />other than claims in stated amounts as may be specifically excepted by the <br />CONTRACTOR for all things done or furnished in connection with the work <br />under this Contract and for every act and neglect of the OWNER and others <br />relating to or arising out of the work. Any payment, however, final or otherwise, <br />shall not release the CONTRACTOR or its sureties from any obligations under <br />the Contract Documents or the Public Construction Bond. <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 and (2) reports and <br />drawings of a Hazardous Environmental Condition, if any, at the Site which have been <br />identified in the Supplementary Conditions as provided in paragraph 4.06 of the General <br />Conditions. <br />E. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having <br />done so) all additional or supplementary examinations, investigations, explorations, tests, <br />studies, and data concerning conditions (surface, subsurface, and Underground Facilities) <br />at or contiguous to the Site which may affect cost, progress, or performance of the Work <br />or which relate to any aspect of the means, methods, techniques, sequences, and <br />procedures of construction to be employed by CONTRACTOR, including applying the <br />specific means, methods, techniques, sequences, and procedures of construction, if any, <br />expressly required by the Contract Documents to be employed by CONTRACTOR, and <br />safety precautions and 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 />00520 - Agreement (Public Works) REV 04-07 SAMPLE <br />00520 - 5 <br />F:\Public Works\ENGINEERING DIVISION PROJECTS \1363 -09th St Bridge @ Lat G Canal -Culvert Install\Adminlagenda items100520 - Agreement (Public Works) REV 04-07 <br />SAMPLE.doc <br />35 <br />