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2024036 C.R. 512 & Broadway St. Drainage Restoration —Fells mere (IRC— 2006) <br />5.03 Paragraphs 5.01 and 5.02 do not apply to construction services work purchased by the County as OWNER <br />which are paid for, in whole or in part, with federal funds and are subject to federal grantor laws and regulations <br />or requirements that are contrary to any provision of the Local Government Prompt Payment Act. In such event, <br />payment and retainage provisions shall be governed by the applicable grant requirements and guidelines. <br />5.04 Acceptance of Final Payment as Release. <br />A. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to <br />the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated <br />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 and <br />others relating to 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 this Agreement, the Invitation <br />to Bid or the Public Construction Bond. <br />ARTICLES - INDEMNIFICATION <br />6.01 CONTRACTOR shall indemnify and hold harmless the OWNER, and its officers and employees, from liabilities, <br />damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by <br />the negligence, recklessness, or intentional wrongful misconduct of the CONTRACTOR and persons <br />employed or utilized by the CONTRACTOR in the performance of the Work. <br />ARTICLE 6 - CONTRACTOR'S REPRESENTATIONS <br />7.01 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 may <br />affect cost, progress, and performance of the Work. <br />D. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional <br />or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions <br />(surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, <br />progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, <br />sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific <br />means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the <br />Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident <br />thereto. <br />