8937-17 Authorize Design-Build Contract for WWTP

Home Browse Search

No certificate of payment, no provision in the Contract Documents and no partial or entire use of the Work performed by the DB shall constitute an acceptance of Work not done in accordance with the Contract Documents. Further, no payment by the City shall relieve the DB of liability in respect to any express or implied warranties or responsibility for faulty materials or workmanship. ARTICLE XIIL GENERAL WARRANTY. The DB shall remedy any defects in the Work and as to any supplies and materials provided by the DB. The DB shall assume and pay for any damage resulting from any damages relative to defective work or materials which shall appear within a period of two (2) years from the date of final acceptance of the entirety of the Work as shall be evidenced by the City's issuance of a Certificate of Final Completion. Supplemental to this direct warranty, the DB shall deliver a two (2) year Maintenance Bond in the amount of 10% of the final Contract Sum. Provided, further, with respect to those warranty provisions associated with equipment provided and installed by the DB, the provisions set forth in Article XV shall apply and shall take precedence over the general warranty provided in this Article XIV. ARTICLE XIV. PARTICULAR WARRANTIES AND GUARANTIES AS TO EQUIPMENT INSTALLED Attached hereto is a form entitled "Addendum B- Equipment Warranties" which shall be completed upon the City's approval of equipment subject to installation by the DB identifying manufacturers' warranties supplemental to those warranties extended by the DB above described. Supplemental to that Article XIII "General Warranty" above stated, the DB covenants to obtain from each individual manufacturer and shall cause the issuance of the warranties and guarantees as to each equipment item (including electrical instrumentation and controls components) for a minimum period of two (2) years or such standard manufacturers' warranty period in the event such standard warranties exceed two (2) years. Each of the applicable warranties shall be incorporated as Contract Documents. Notwithstanding the issue of warranties directly granted to the City, the DB covenants and agrees that with respect to the warranties issued by manufacturers, it shall cooperate, at no further cost to the City, to assure compliance with any warranty claims issued, including but not limited to undertaking such actions to facilitate the corrective actions required as well as the provision of such labor and other materials necessary to assure warranty compliance in the event that a manufacturer shall fail or refuse to provide such additional labor and /or materials. ARTICLE XV. ASSIGNMENT OF ANTI -TRUST RIGHTS. 171Page