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2004-285
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2004-285
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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 /> perform pursuant to this Contract . The Contractor shall commence work to remedy or <br /> replace the defective or deficient Work within five ( 5 ) calendar days after receiving written <br /> notice from the County . If the Contractor fails to remedy or remove or replace that Work or <br /> material which has been found to be defective , then the County may remedy or replace the <br /> defective or deficient Work at the Contractor' s expense . The Contractor shall immediately <br /> pay the expenses incurred by the County for remedying the defects . The County and <br /> Contractor agree that a warranty inspection shall be scheduled no later than eleven ( 11 ) <br /> 6 <br />
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