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2004-286
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2004-286
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Last modified
9/30/2016 1:50:56 PM
Creation date
9/30/2015 8:25:36 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Contract
Approved Date
11/09/2004
Control Number
2004-286
Agenda Item Number
None
Entity Name
Johnson Controls Inc.
Subject
Energy Management System Installation
Area
Sheriffs Administration Building
Archived Roll/Disk#
3224
Supplemental fields
SmeadsoftID
4731
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or encumbrances of any nature whatsoever . The Contractor shall make the following <br /> certification (Affidavit) on each request for payment : I hereby certify that the labor and <br /> materials listed on this request for payment have been used in the construction of this <br /> Work and payment received from the last request for payment has been used to make <br /> payments to all subcontractors , laborers , materialmen and suppliers except as listed <br /> below: ----." <br /> 3 . 3 . Project Certification Documents . Prior to submitting an invoice for Final Payment, <br /> Contractor shall provide the following : a) Certification statement that "The Work has been <br /> completed in accordance with the Contract'; b) final lien waivers from laborers , <br /> materialmen , subcontractors or sub-subcontractors (as each term is defined in Florida <br /> Statutes section 713 . 01 (2004) ; and c) consent of the Surety to final payment and/or partial <br /> release of retainage . <br /> 3 .4 . Final Completion . Upon final completion and acceptance of the Work the entire <br /> balance found to be due to the Contractor, including the retainage , but except such sums <br /> as may be lawfully retained by the County , shall be paid to the Contractor within thirty (30) <br /> days of final completion and acceptance of the Work. <br /> 3 . 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 County 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 County and others relating to or <br /> arising out of the Work under this Contract. Any payment, however, final or otherwise , <br /> shall not release the Contractor or its sureties from any obligations under the Contract or <br /> the Payment and Performance Bonds . <br /> 3 . 6 , Audit. The Contractor agrees that the County or any of its duly authorized <br /> representatives shall , until the expiration of three (3) years after final acceptance of the <br /> Work , have access to and the right to examine any and all books , documents , papers , and <br /> records of the Contractor involving transactions related to this Agreement and the Work <br /> constructed hereunder. The Contractor agrees that payment(s) made under this <br /> Agreement shall be subject to reduction for amounts charged thereto which are found on <br /> the basis of audit examination to constitute non -allowable costs under this Agreement . <br /> The Contractor shall promptly refund by check payable to the County the amount of such <br /> reduction of payments . All required records shall be maintained until the later of an audit is <br /> completed and all questions arising therefrom are resolved , or six (6) years after <br /> completion of the Work and issuance of the final completion certificate . <br /> 4 . PERFORMANCE GUARANTEE AND WARRANTY. Contractor warrants all equipment, <br /> materials , and labor furnished or performed under this Contract , against defects in design , <br /> materials and workmanship for a period of twelve months from and after Substantial <br /> Completion of the Work under this Contract , regardless of whether the same were <br /> furnished or performed by Contractor or by any of its subcontractors . Contractor agrees to <br /> remedy promptly and without cost to County , any defective materials or workmanship that <br /> appear within one ( 1 ) year from the date of completion of the work. Contractor and its <br /> Surety shall be liable for the satisfaction and full performance of the warranties as set forth <br /> herein and any damage to other parts of the Project caused by the Contractor's failure to <br /> 6 <br />
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