Specifications

SECURITY CAMERA SYSTEM UPGRADE AND REPLACEMENT
FOR MONTGOMERY COUNTY DETENTION CENTER
GENERAL CONDITIONS GC-34
Certificate of Payment will reflect retainage of a percentage of the amount due as required pursuant
to Ohio Revised Code Chapter 153. The Board will, within seven (7) days after receipt of the
Engineer's recommendation for a Certificate for Payment either issue to the Contractor a Certificate
for Payment, for such amount as the Board determines is properly due, or notify the Contractor in
writing of the Board's reasons for withholding such certification in whole or in part as provided in
Subparagraph 9.4.1.
9.3.2 The issuance of a recommendation for a Certificate for Payment will constitute a
representation by the Engineer to the Board, based on the Engineer's observations at the site and the
data comprising the Application for Payment, that the Work has progressed to the point indicated
and that, to the best of the Engineer's knowledge, information and belief, quality of the Work is in
accordance with the Contract Documents. The foregoing representations are subject to an evaluation
of the Work for conformance with the Contract Documents upon Substantial Completion, to results
of subsequent tests and inspections, to minor deviations from the Contract Documents correctable
prior to completion and to specific qualifications expressed by the Engineer. The issuance of a
recommendation for a Certificate for Payment will further constitute a representation that, in the
Engineer's opinion, the Contractor is entitled to payment in the amount certified. However, the
issuance of a recommendation for a Certificate for Payment will not be a representation that the
Engineer has (1) made continuous on-site inspections to check the quality or quantity of the Work,
(2) reviewed construction means, methods, techniques, sequences or procedures beyond its control,
(3) reviewed copies of requisitions received from Subcontractors and material suppliers and other
data requested by the Board to substantiate the Contractor's right to payment or (4) made
examination to ascertain how or for what purpose the Contractor has used money previously paid
on account of the Contract Sum.
9.4 Decisions to Withhold Certification
9.4.1 The Engineer may decide not to recommend to certify payment and may withhold a
recommendation for a Certificate for Payment in whole or in part, to the extent reasonably necessary
to protect the Board, if in the Engineer's opinion the representations to the Board required by
Subparagraph 9.3.2 cannot be made. If the Engineer is unable to recommend payment in the amount
of the Application, the Engineer will notify the Contractor and Board as provided in Subparagraph
9.3.l. If the Contractor and Engineer cannot agree on a revised amount, the Engineer will promptly
issue a recommendation for a Certificate for Payment for the amount for which the Engineer is able
to make such representations to the Board. The Engineer or Board may also decide not to
recommend or certify payment or, because of subsequently discovered evidence or subsequent
observations, may nullify the whole or a part of a recommendation for a Certificate for Payment or
a Certificate for Payment previously issued, to such extent as may be necessary in the Engineer's or
Board's opinion to protect the Board from loss because of:
9.4.1.1 defective Work not remedied;
9.4.1.2 third party claims filed or reasonable evidence indicating probable filing of
such claims;
9.4.1.3 failure of the Contractor to make payments properly to Subcontractors or for
labor, materials or equipment;