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Van Antwerp Well Mitigation Bid Documents 1-16-18.docx8 <br />Payment Act. In such event, payment and retainage provisions shall be governed by the applicable grant <br />requirements and guidelines. <br />5.4 Acceptance of Final Payment as Release. <br />A. 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 Agreement and for every <br />act and neglect of the OWNER and others relating to or arising out of the work. Any <br />payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties <br />from any obligations under this Agreement, the Invitation to Bid or the Public <br />Construction Bond. <br />ARTICLE 6 - INDEMNIFICATION <br />6.01 CONTRACTOR shall indemnify and hold harmless the OWNER, and its officers and employees, from <br />liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the <br />extent caused by the negligence, recklessness, or intentional wrongful misconduct of the <br />CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of the <br />Work. <br />ARTICLE 7 - CONTRACTOR'S REPRESENTATIONS <br />7.1 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 related <br />data identified in the Invitation to Bid documents. <br />B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, <br />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 Regulations <br />that may affect cost, progress, and performance of the Work. <br />D. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all <br />additional or supplementary examinations, investigations, explorations, tests, studies, and data <br />concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site <br />which may affect cost, progress, or performance of the Work or which relate to any aspect of the <br />means, methods, techniques, sequences, and procedures of construction to be employed by <br />CONTRACTOR, including applying the specific means, methods, techniques, sequences, and <br />procedures of construction, if any, expressly required by the Contract Documents to be employed <br />by CONTRACTOR, and safety precautions and programs incident thereto. <br />55 <br />