|
amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in
<br />connection with the work under this Agreement and for every act and neglect of the OWNER
<br />and others relating to or arising out of the work. Any payment, however, final or otherwise, shall
<br />not release the CONTRACTOR or its sureties from any obligations under this Agreement, the
<br />Invitation to Bid or the Public Construction Bond.
<br />ARTICLE 6 - INDEMNIFICATION
<br />6.1 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 extent
<br />caused by the negligence, recklessness, or intentional wrongful misconduct of the CONTRACTOR and
<br />persons employed or utilized by the CONTRACTOR in the performance of the 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 data
<br />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, and Site
<br />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 that
<br />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 concerning
<br />conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect
<br />cost, progress, or performance of the Work or which relate to any aspect of the means, methods,
<br />techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including
<br />applying the specific means, methods, techniques, sequences, and procedures of construction, if any,
<br />expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions
<br />and programs incident thereto.
<br />E. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies,
<br />or data are necessary for the performance of the Work at the Contract Price, within the Contract Times,
<br />and in accordance with the other terms and conditions of the Contract Documents.
<br />F. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site
<br />that relates to the Work as indicated in the Contract Documents.
<br />G. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations
<br />obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all
<br />additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents.
<br />H. CONTRACTOR has given OWNER written notice of all conflicts, errors, ambiguities, or discrepancies that
<br />CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by OWNER is
<br />acceptable to CONTRACTOR.
<br />3
<br />
|