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do not apply to construction services work purchased by the County as OWNER which <br />are paid for, in whole or in part, with federal funds and are subject to federal grantor laws <br />and regulations or requirements that are contrary to any provision of the Local <br />Government Prompt Payment Act. In such event, payment and retainage provisions shall <br />be governed by the applicable grant requirements and guidelines. <br />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 under <br />this Contract and for every act and neglect of the OWNER and others relating to <br />or arising out of the work. Any payment, however, final or otherwise, shall not <br />release the CONTRACTOR or its sureties from any obligations under the Contract <br />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 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 <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 subsurface <br />conditions at or contiguous to the Site and all drawings of physical conditions in or relating <br />to 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 />Agreement (Public Works) REV 04-07 - 00520 - 5 <br />F:\Purchasing\Bids\2023-2024 FY (2024000)\2024015 Oslo Road and 90th Avenue Roadway Improvement IRC-2215\Sample Agreement.doa <br />