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2025006 West Regional Wastewater Treatment Facility Clarifiers No. 1 and 2 Improvements
<br />of the items have been finished, the owner may continue to withhold the iso% of the total cost to complete
<br />such items. The owner shall provide Contractor written reasons for disputing completion of the list.
<br />5.02 Pay Requests.
<br />A. Each request for a progress payment shall contain the Contractor's certification. All progress
<br />payments will be on the basis of progress of the work measured by the Baseline Schedule and Budget
<br />Forecast, or in the case of unit price work, based on the number of units completed.
<br />5.03 Paragraphs 5.oi and 5.02 do not apply to construction services work purchased by the County as
<br />County which are paid for, in whole or in part, with federal funds and are subject to federal grantor laws and
<br />regulations or requirements that are contrary to any provision of the Local Government Prompt Payment
<br />Act. In such event, payment and retainage provisions shall be governed by the applicable grant requirements
<br />and guidelines.
<br />5.04 The acceptance by the Contractor of final payment shall be and shall operate as a release to the
<br />County from all claims and all liability to the Contractor other than claims in stated amounts as may be
<br />specifically excepted by the Contractor for all things done or furnished in connection with the work under
<br />this Agreement and for every act and neglect of the County and others relating to or arising out of the work.
<br />Any payment, however, final or otherwise, shall not release the Contractor or its sureties from any
<br />obligations under this Agreement, the Invitation to Bid or the Public Construction Bond.
<br />ARTICLE 6 - INDEMNIFICATION
<br />6.oi Contractor shall indemnify and hold harmless the County, 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 persons
<br />employed or utilized by the Contractor in the performance of the Work.
<br />ARTICLE 7 - CONTRACTOR'S REPRESENTATIONS
<br />7.01 In order to induce County 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
<br />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 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 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 thereto.
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