Specifications

SECURITY CAMERA SYSTEM UPGRADE AND REPLACEMENT
FOR MONTGOMERY COUNTY DETENTION CENTER
GENERAL CONDITIONS GC-12
3.11.13 Special Provision of Material Importance. This is a special provision relating to
enforcement of the Contractor's responsibility for Shop Drawings, Product Data, Samples or similar
submittals where such Shop Drawings, Product Data, Samples or similar submittals are to be
subsequently utilized in final construction of this project: THE CONTRACTOR NOTES THE
CONSPICUOUS NATURE OF THIS PROVISION. THE CONTRACTOR AGREES THAT
THESE PROVISIONS ARE MATERIAL PROVISIONS AND ARE TO BE ENFORCED, IN THE
EVENT OF CONTROVERSY (IF LEGALLY PERMISSIBLE AND CONSISTENT WITH THE
INTENT OF THIS SPECIAL CATEGORICAL PROVISION) IN SUCH A MANNER AS TO
PLACE UPON THE CONTRACTOR FULL, COMPLETE AND TOTAL RESPONSIBILITY FOR
THE SUBSEQUENT USABILITY AND/OR COST OF REALIZING USABILITY OF ANY AND
ALL PRELIMINARY SUBMISSIONS BY THE CONTRACTOR, WITHOUT REGARD TO ANY
ACTION, OR FAILURE TO ACT IN CONNECTION THEREWITH, BY THE BOARD, ITS
REPRESENTATIVES, AGENTS, EMPLOYEES, SUCCESSORS OR ASSIGNS. TO
FACILITATE THE ASSUMPTION OF RESPONSIBILITY BY THE CONTRACTOR UNDER
THIS PARAGRAPH, ALL SHOP DRAWINGS, PRODUCT DATA, SAMPLES OR SIMILAR
SUBMITTALS SHALL CONTAIN ON A COVER PAGE, SIGNED BY THE CONTRACTOR'S
REPRESENTATIVE PREVIOUSLY DESIGNATED BY THE CONTRACTOR TO THE BOARD
IN WRITING FOR SUCH PURPOSE, THE FOLLOWING LEGEND:
"A. This submittal is made under the provision of Paragraph 3.11.13 of the General Conditions
of the Contract Documents between the Contractor and the Board of County Commissioners for
Montgomery County, Ohio (the "Board"). Contractor makes an express warranty to the Board, by
express affirmation, that if installed into the project, the work which forms the basis of this submittal
will conform to the design requirements of the Contract, as that design has been contractually agreed
to and which is the basis of the bargain between the parties thereto.
B. It is the purpose of this submittal to describe the goods proposed for use by the Contractor
and to demonstrate conformance of that description to the requirements of the Contract.
C. To the extent necessary, the Contractor, by making this submittal, warrants that the whole
of the goods shall conform to the submittal.
D. At the time of this submission, the Contractor acknowledges that he is aware that the purpose
of this submission is to induce the Board to authorize the use of this work for purposes of Contract
compliance by the Contractor, and, further that the Board, in doing so, relies upon the skill,
judgment and integrity of the Contractor as to the compliance of this submitted work to the
requirements of the Contract. Contractor hereby acknowledges that it has by its own resources
found and selected the work submitted herewith and that it is suitable for the purpose of being fit
and suitable for use in the final construction under this Contract.
3.12 Use of Site
3.12.1 The Contractor shall confine operations at the site to areas permitted by law, ordinances,
permits and the Contract Documents and shall not unreasonably encumber the site with materials
or equipment. Unless otherwise provided in the Contract Documents, the Coordinating Contractor
shall be responsible for securing and paying for any permits or other fees necessary for the
obstruction of streets, alleys, drives and other roads, which obstruction shall be kept to a minimum