Specifications

SECURITY CAMERA SYSTEM UPGRADE AND REPLACEMENT
FOR MONTGOMERY COUNTY DETENTION CENTER
GENERAL CONDITIONS GC-40
consent of surety to payment of the balance due for that portion of the Work fully completed and
accepted shall be submitted by the Contractor to the Board with copies to the Engineer prior to
certification of such payment. Such payment shall be made under terms and conditions governing
final payment and it shall not constitute a waiver of claims. The making of final payment also shall
only constitute a waiver of claims by the Board to the extent provided in Subparagraph 4.2.5.
9.9.4 Acceptance of final payment by the Contractor, a Subcontractor, Sub-subcontractor or
material supplier shall constitute a waiver of claims by that payee except those previously made in
writing and identified by that payee as unsettled at the time of final Application for Payment.
9.10 Retainage Escrow Agreement
9.10.1 After award of the Contract and before completion of fifty percent (50%) of the Work, the
Contractor may establish an escrow account with the Board's concurrence in accordance with Ohio
Revised Code Sections 153.12, 153.13, 153.14, 153.63, and 153.80, as may be amended. If such
an escrow account is established, the Board will deposit all funds retained by it on the first fifty
percent (50%) of the completed Work pursuant to said Ohio Revised Code Sections. Upon final
acceptance of the Work by the Board, a notice will be sent to the escrow agent for release of such
escrowed funds to the Contractor in accordance with Ohio Revised Code Section 153.63. The
escrow agent hereunder must be a Board approved depository institution qualified under Ohio
Revised Code Section 135.03 et seq. and must be located within the geographical confines of
Montgomery County, Ohio.
9.10.2 In regard to the amount of any funds retained, the Board, in its sole discretion, may reduce
the amount of funds retained pursuant to section 153.12 and 153.14 of the Ohio Revised Code for
the faithful performance of work by fifty per cent of the amount of funds required to be retained
pursuant to those sections, provided that the surety on the bond remains liable for all of the
following that are caused due to default by the Contractor:
9.10.2.1 Completion of the job;
9.10.2.2 All delay claims;
9.10.2.3 All liquidated damages;
9.10.2.4 All additional expenses incurred by the contracting authority.
9.10.3 As used in Sub-paragraph 9.10.2, "Delay claim" means a claim that arises due to default on
provisions in the Contract in regard to the time when the Work or any specified portion of the Work
must be completed.
ARTICLE 10 - PROTECTION OF PERSONS AND PROPERTY
10.1 Safety Precautions and Programs
10.1.1 The Contractor shall be responsible for initiating, maintaining and supervising all safety
precautions and programs in connection with the performance of the Contract.