01 78 36 - Warranties.pdf
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- Attached to
- Contract 2026-01: Maintenance & Emergency Contract (Excavation) – Project No. 7297. 0444
- Solicitation number
- Not on record
- Issued by
- York County, Pennsylvania
About this file
This is a Warranties specification document (Section 01 78 36) prepared by Herbert, Rowland & Grubic, Inc. for West Manchester Township's Contract 2026-01: Maintenance & Emergency Contract (Excavation) – Project No. 7297.0444 in Pennsylvania. The document establishes comprehensive warranty requirements for all products and work performed under the contract. Warranty documentation must be submitted to the Owner and Engineer within 10 days following the Date of Substantial Completion or Partial Utilization, with individual item warranties due within 10 days of acceptance. The specification requires both standard product warranties from manufacturers and special warranties as needed, with all warranties written in the Owner's name and becoming valid upon issuance of the Certificate of Substantial Completion. For work delayed beyond substantial completion, contractors must provide updated schedules within 10 days of acceptance, with the acceptance date marking the warranty start.
The warranty requirements impose significant obligations on the Contractor, who remains responsible for all warranted work regardless of manufacturer disclaimers or limitations. Upon failure of warranted work, the Contractor must remove, replace, or rebuild defective components and restore any damaged work, bearing all replacement and remediation costs without regard to the Owner's prior use or benefit from the work. Warranties must be reinstated through written endorsement when work covered by warranty fails, with reinstated warranties equal to original terms adjusted equitably for depreciation. The specification explicitly states that written warranties supplement rather than limit implied warranties or the Owner's legal remedies, ensuring comprehensive protection for the township's sanitary sewer and storm sewer infrastructure improvements and maintenance work.
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Text version
01 78 36 – WARRANTIES
Herbert, Rowland & Grubic, Inc. 01 78 36 - 1 007297.0444
SECTION 01 78 36 – WARRANTIES
PART 1 - GENERAL
1.1 SUMMARY
A. Section Includes:
1. Product warranty manuals.
2. Warranty requirements.
B. Related Sections:
1. Individual Sections for specific requirements for Project Record Documents of the
Work in those Sections.
1.2 PRODUCT WARRANTIES
A. Warranties specified in individual Sections shall be in addition to, and run concurrent with, other warranties required by the Contract Documents. Manufacturer's disclaimers and limitations on product warranties do not relieve Contractor of obligations under requirements of the Contract Documents. Warranties shall be written in Owner’s name:
1. Standard Product Warranties are preprinted written warranties published by individual manufacturers for particular products and are specifically endorsed by the manufacturer to Owner.
2. Special Warranties are written warranties required by or incorporated into Contract Documents, either to extend time limits provided by standard warranties or to provide greater rights for Owner.
B. Submission requirements:
1. Submit documents to Owner and Engineer within 10 days following Date of
Substantial Completion or Partial Utilization. For item accepted after Date of Substantial Completion, submit documents within 10 days following each individual acceptance:
a. When special warranty is required to be executed by Contractor, or
Contractor and a subcontractor, supplier or manufacturer, prepare a written document that contains appropriate terms and identification, ready for execution by required parties. Submit a draft to Owner.
2. Submit information electronically on Owner and Engineer.
1.3 WARRANTY REQUIREMENTS
A. Written warranties made to Owner are in addition to implied warranties and shall not limit duties, obligations, right and remedies otherwise available under Jaw, nor shall warranty periods be interpreted as limitations on time in which Owner can enforce such other duties, obligations, rights, or remedies.
B. Manufacturer's disclaimers and limitations on product warranties shall not relieve Contractor of warranty on Work that incorporates products, nor shall it relieve suppliers, manufacturers, and subcontractors required to countersign special warranties with Contractor.
01 78 36 – WARRANTIES
Herbert, Rowland & Grubic, Inc. 01 78 36 - 2 007297.0444
C. Special Warranties: Prepare a written document that contains appropriate terms and identification, ready for execution. Submit a draft for approval before final execution:
1. Manufacturer's Standard Form: Modified to include Project-specific information and properly executed.
2. Specified Form: When specified forms are included with the Specifications, prepare a written document using appropriate form properly executed.
3. Refer to Sections for specific content requirements and particular requirements for submitting special warranties.
D. Warranties shall become valid and operative upon issuance of Certificate of Substantial Completion.
E. For items of Work delayed beyond Date of Substantial Completion, provide an updated schedule within 10 days after acceptance, listing date of acceptance as start of warranty.
F. Related Damages and Losses: When correcting warranted Work that has failed, remove and replace other Work that has been damaged as a result of such failure or that needs to be removed and replaced to provide access for correction of warranted Work.
G. Reinstatement of Warranty: In event of Work covered by warranty has failed, correct by replacement or rebuilding. Reinstate warranty by written endorsement. Reinstated warranty shall be equal to original warranty with an equitable adjustment for depreciation.
H. Replacement Cost:
1. Upon determining that Work covered by a warranty has failed replace or rebuild
Work to an acceptable condition in compliance with requirements of Contract Documents.
2. Contractor shall be responsible for cost of replacing or rebuilding defective Work regardless of whether Owner has benefited from use of Work through a portion of its anticipated useful service life.
PART 2 - PRODUCTS - Not Used.
PART 3 - EXECUTION - Not Used.
END OF SECTION
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