Specifications

SECURITY CAMERA SYSTEM UPGRADE AND REPLACEMENT
FOR MONTGOMERY COUNTY DETENTION CENTER
GENERAL CONDITIONS GC-37
addressing the orderly transfer, limitation or discontinuation of all or part of any applicable
insurance coverages.
9.6 Failure of Payment
9.6.1 If the Board does not issue a Certificate for Payment, through no fault of the Contractor,
within forty-five (45) days after receipt of the Contractor's Application for Payment, or if the Board
does not pay the Contractor within forty-five (45) days after the date established in the Contract
Documents the amount recommended to be certified by the Engineer and actually certified by the
Board, then the Contractor may, upon twenty-one (21) additional days' written notice to the Board
and Engineer, stop the Work until payment of the amount owing has been received. The Contract
Time shall be extended appropriately and the Contract Sum may be increased by the amount of the
Contractor's reasonable costs of shut-down, delay and start-up, which shall be accomplished as
provided in Article 7.
9.6.2 If the Board is entitled to reimbursement or payment from the Contractor under or pursuant
to the Contract Documents, such payment shall be made promptly upon demand by the Board.
Notwithstanding anything contained in the Contract Documents to the contrary, if the Contractor
fails to promptly make any payment due the Board, or the Board incurs any costs and expenses to
cure any default of the Contractor or to correct defective Work, the Board shall have an absolute
right to offset such amount against the Contract Sum and may, in the Board's sole discretion, elect
either to: (1) deduct an amount equal to that which the Board is entitled from any payment then or
thereafter due the Contractor from the Board, or (2) issue a written notice to the Contractor reducing
the Contract Sum by an amount equal to that which the Board is entitled to which notice the
Contractor hereby agrees to be bound.
9.7 Substantial Completion
9.7.1 Substantial Completion is the stage in the progress of the Work when (a) the Work or
designated portion thereof is sufficiently complete in accordance with the Contract Documents so
the Board can occupy and utilize the Work for its intended purpose and (b) the Board has received
all final certificates of occupancy and other final permits, approvals, licenses and other documents
or authorizations from any governmental authority necessary or appropriate for final occupancy and
use of the Project.
9.7.2 When the Contractor considers that the Work, or a portion thereof which the Board agrees
in writing to accept separately, is substantially complete, the Contractor shall prepare and submit
to the Engineer and the Board a comprehensive list of items to be completed or corrected. The
Contractor shall proceed promptly to complete and correct items on the list. Failure to include an
item on such list does not alter the responsibility of the Contractor to complete all Work in
accordance with the Contract Documents. Upon receipt of the Contractor's list, the Engineer and
the Board will jointly make an inspection to determine whether the Work or designated portion
thereof is substantially complete. If the Engineer and Board's inspection discloses any item, whether
or not included on the Contractor's list, which is not in accordance with the requirements of the
Contract Documents, the Contractor shall, before issuance of the Certificate of Substantial
Completion, complete or correct such item upon notification by the Engineer or Board. The
Contractor shall then submit a request for another joint inspection by the Engineer and the Board
to determine Substantial Completion. When the Work or designated portion thereof is substantially