Specifications

SECURITY CAMERA SYSTEM UPGRADE AND REPLACEMENT
FOR MONTGOMERY COUNTY DETENTION CENTER
GENERAL CONDITIONS GC-35
9.4.1.4 reasonable evidence that the Work cannot be completed for the unpaid
balance of the Contract Sum;
9.4.1.5 damage to the Board or another contractor;
9.4.1.6 reasonable evidence that the Work will not be completed within the Contract
Time, and that the unpaid balance would not be adequate to cover actual or
liquidated damages for the anticipated delay;
9.4.1.7 persistent failure to carry out the Work in accordance with the Contract
Documents; or
9.4.1.8 the Work has not progressed to the point indicated in the Application for
Payment or the Work is not of the quality required by the Contract
Documents.
9.4.2 When the above reasons for withholding a recommendation for a certification of payment
or for withholding a Certificate of Payment are removed, a recommendation for a certification of
payment and a Certificate of Payment will be made for amounts previously withheld.
9.5 Progress Payments
9.5.1 After the Engineer has issued a recommendation for a Certificate for Payment, the Board
shall issue a Certificate for Payment in the manner and within the time provided in the Contract
Documents, and shall so notify the Engineer. Such Certificate for Payment shall then be submitted
by the Board to the Auditor of Montgomery County, Ohio for payment of funds due thereunder on
behalf of the Board directly to the Contractor, unless otherwise requested in writing.
9.5.2 The Contractor shall promptly pay each Subcontractor, upon receipt of payment from the
Board, out of the amount paid to the Contractor on account of such Subcontractor's portion of the
Work, the amount to which said Subcontractor is entitled, reflecting percentages actually retained
from payments to the Contractor on account of such Subcontractor's portion of the Work. The
Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to
make payments to Sub-subcontractors in similar manner. Notwithstanding anything in this
Paragraph 9.5.2 to the contrary, the Board may elect, in the Board's sole discretion, to make any
payment requested by the Contractor on behalf of a Subcontractor of any tier jointly payable to the
Contractor and such Subcontractor. The Contractor and such Subcontractor shall be responsible for
the allocation and disbursement of funds included as part of any such joint payment. In no event
shall any joint payment be construed to create any (1) contract between the Board and any
Subcontractor of any tier, (2) obligation from the Board to such Subcontractor, or (3) rights in such
Subcontractor against the Board.
9.5.3 The Engineer will, on request, furnish to a Subcontractor, if practicable, information
regarding percentages of completion or amounts applied for by the Contractor and action taken
thereon by the Engineer and Board on account of portions of the Work done by such Subcontractor.
9.5.4 Neither the Board nor Engineer shall have an obligation to pay or to see to the payment of
money to a Subcontractor except as may otherwise be required by law.