01 78 36 - Warranties.pdf
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- Solicitation number
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- Lancaster County, Pennsylvania
About this file
This is a Warranties specification document issued by Herbert, Rowland & Grubic, Inc. for the Borough of Elizabethtown's sanitary sewer infrastructure projects in Pennsylvania. The specification establishes comprehensive warranty requirements for all products and work incorporated into the 2025 Sanitary Sewer Improvements Project (Contract No. 2025-01) and the Contract 2026-01 Sewer Maintenance & Emergency Contract. The warranty specification requires contractors to submit product warranty manuals and documentation to the Owner and Engineer within ten days following either the Date of Substantial Completion or Partial Utilization, and individually accepted items must have warranty documents submitted within ten days of acceptance. All warranties shall be written in the Owner's name and include both standard product warranties published by manufacturers and special warranties extending beyond manufacturer limitations or providing greater rights to the Owner.
The specification mandates that warranties become valid upon issuance of the Certificate of Substantial Completion and remain in effect concurrent with other contractual warranties, with manufacturer disclaimers not relieving the Contractor of warranty obligations. For delayed work items, contractors must provide an updated schedule within ten days after acceptance listing the acceptance date as the warranty start date. Should warranted work fail, the Contractor bears full responsibility for replacement or rebuilding costs to acceptable condition regardless of prior beneficial use, with warranty reinstatement required through written endorsement adjusted equitably for depreciation. The specification explicitly states that written warranties do not limit implied warranties or the Owner's other legal remedies and obligations, establishing that warranty periods are not interpreted as limitations on the Owner's enforcement rights.
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Text version
01 78 36 – WARRANTIES
Herbert, Rowland & Grubic, Inc. 01 78 36 - 1 000598.0465
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
01 78 36 – WARRANTIES
Herbert, Rowland & Grubic, Inc. 01 78 36 - 2 000598.0465
Contractor.
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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