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09/13/2022
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09/13/2022
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Last modified
1/25/2023 1:59:48 PM
Creation date
10/31/2022 10:20:31 AM
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Meetings
Meeting Type
BCC Regular Meeting
Document Type
Agenda Packet
Meeting Date
09/13/2022
Meeting Body
Board of County Commissioners
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5.5 Acceptance of Final Payment as Release. The acceptance by the CONTRACTOR of <br />final payment shall be and shall operate as a release to the OWNER from all claims and all <br />liability to the CONTRACTOR other than claims in stated amounts as may be specifically <br />excepted by the 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 relating to or arising <br />out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR <br />or its sureties from any obligations under the Contract Documents or the Payment and <br />Performance Bonds. <br />ARTICLE 6 INTEREST <br />Not Applicable. <br />ARTICLE 7 CONTRACTOR'S REPRESENTATIONS <br />In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following <br />representations: <br />7.1 CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents, work, <br />site, locality, and all local conditions and laws and regulations that in any manner may affect cost, <br />progress, performance or furnishing of the work. <br />7.2 CONTRACTOR has studied carefully all reports of explorations and tests of subsurface <br />conditions and drawings of physical conditions which are identified in the Supplementary <br />Conditions and as provided in Paragraph 4.02 of the General Conditions, and accepts the <br />determination set forth in Paragraph SC -4.02 of the Supplementary Conditions of the extent of <br />the technical data contained in such reports and drawings upon which CONTRACTOR is entitled <br />to rely. <br />7.3 CONTRACTOR has obtained and carefully studied (or assumes responsibility for <br />obtaining and carefully studying) all such examinations, investigations, explorations, tests, <br />reports and studies (in addition to or to supplement those referred to in Paragraph 7.2 above) <br />which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise <br />may affect the cost, progress, performance or furnishing of the work as CONTRACTOR considers <br />necessary for the performance of furnishing of the work at the Contract Price, within the Contract <br />Times and in accordance with the other terms and conditions of the Contract Documents, <br />including specifically the provisions of Paragraph 4.02 of the General Conditions; and no <br />additional examinations, investigations, explorations, tests, reports, studies or similar <br />information or data are or will be required by CONTRACTOR for such purposes. <br />7.4 CONTRACTOR has reviewed and checked all information and data shown or indicated on the <br />Contract Documents with respect to existing underground facilities at or contiguous to the site <br />and assumes responsibility for the accurate location of said underground facilities. No additional <br />examinations, investigations, explorations, tests, reports, studies or similar information or data in <br />respect of said underground facilities are or will be required by CONTRACTOR in order to perform <br />and furnish the work at the Contract Price, within the Contract Times and in accordance with the <br />other terms and conditions of the Contract Documents, including specifically the provisions of <br />Paragraph 4.04 of the General Conditions. <br />7.5 CONTRACTOR has correlated the results of all such observations, examinations, <br />investigations, explorations, tests, reports and studies with the terms and conditions of the <br />Contract Documents. <br />7.6 CONTRACTOR has given ENGINEER written notice of all conflicts, errors or <br />4 <br />297 <br />
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