Specifications

SECURITY CAMERA SYSTEM UPGRADE AND REPLACEMENT
FOR MONTGOMERY COUNTY DETENTION CENTER
GENERAL CONDITIONS GC-39
Certificate for Payment stating that to the best of the Engineer's knowledge, information and belief,
and on the basis of the Engineer's observations and inspections, the Work has been completed in
accordance with terms and conditions of the Contract Documents and that the entire balance found
to be due the Contractor and noted in said recommendation for said final Certificate is due and
payable. The Engineer's final recommendation for a Certificate for Payment will constitute a further
representation that, in the Engineer's opinion, conditions listed in Subparagraph 9.9.2 as precedent
to the Contractor's being entitled to final payment have been fulfilled. Upon receipt of the
Engineer's recommendation for a final Certificate for Payment and when the Board finds the Work
acceptable under the Contract Documents and the Contract fully performed, the Board will promptly
issue a final Certificate for Payment stating that to the best of the Board's knowledge, information
and belief, and on the basis of the Engineer's and Board's recommendations, observations and
inspections, the Work has been completed in accordance with terms and conditions of the Contract
Documents and that the entire balance found to be due the Contractor and noted in said final
Certificate is due and payable.
9.9.2 Neither final payment nor any remaining retained percentage shall become due until the
Contractor submits to the Board with copies to the Engineer, (1) an original, notarized affidavit
certifying that all Work required to be performed under this Contract has been fully completed in
accordance with the Contract Documents and that all liens, claims, payrolls, bills for labor and
materials and equipment, and other indebtedness connected with the Work for which the Board or
the Board's property might be responsible or encumbered (less amounts withheld by Board) have
been paid or otherwise satisfied, (2) a certificate evidencing that insurance required by the Contract
Documents to remain in force after final payment is currently in effect and will not be canceled or
allowed to expire until at least thirty (30) days' prior written notice has been given to the Board, (3)
a written statement that the Contractor knows of no substantial reason that the insurance will not be
renewable to cover the period required by the Contract Documents, (4) consent of surety, if any, to
final payment, (5) if required by the Board, other data establishing payment or satisfaction of
obligations, such as receipts, releases and waivers of liens, claims, security interests or
encumbrances arising out of the Contract, to the extent and in such form as may be designated by
the Board, and (6) all Work and corrections are made to the satisfaction of the Board. Additionally,
final payment shall not be due and payable until the following submittals are made to the Board:
(1) delivery of extra materials as outlined in the Specifications; (2) all operating and maintenance
manuals, training schedules and demonstrations; (3) all test reports; (4) all equipment and materials
guaranties and warranties; (5) the final inspection certificate; (6) all as-built drawings; (7) a payment
of prevailing wage affidavit; (8) release of all liens; and (9) a one (1) year written project guarantee
for workmanship, equipment and materials. If a Subcontractor or Sub-subcontractor refuses to
furnish a release or waiver required by the Board, the Contractor may furnish a bond satisfactory
to the Board to indemnify the Board against such lien. If such lien remains unsatisfied after
payments are made, the Contractor shall refund to the Board all money that the Board may be
compelled to pay in discharging such lien, including all costs and reasonable attorneys' fees.
9.9.3 If, after Substantial Completion of the Work, final completion thereof is materially delayed
through no fault of the Contractor or by issuance of Change Orders affecting final completion, and
the Engineer so confirms, the Board shall, upon application by the Contractor and recommendation
for certification by the Engineer, and without terminating the Contract, make payment of the balance
due for that portion of the Work fully completed and accepted to the extent deemed warranted in the
Board's discretion. If the remaining balance for Work not fully completed or corrected is less than
retainage stipulated in the Contract Documents, and if bonds have been furnished, the written