01 78 36 - Warranties.pdf

PDF 87 KB Posted

Attached to
2027 Sewer System Improvements Project
Solicitation number
Not on record
Issued by
Dauphin County, Harveys Lake Borough, Pennsylvania

About this file

This is a specification document for product warranties issued by Capital Region Water (CRW) in Pennsylvania for the 2027 Sewer System Improvements Project. The warranty section establishes comprehensive requirements for product warranties, manufacturer warranties, and special warranties that contractors must provide to the Owner. Contractors must submit warranty documentation to the Owner and Engineer within 10 days following the Date of Substantial Completion or Partial Utilization, and for items accepted after Substantial Completion, within 10 days following each individual acceptance. Warranty documents must be submitted electronically and prepared in a format ready for execution by required parties, including manufacturers, subcontractors, and suppliers as applicable. Warranties become valid and operative upon issuance of the Certificate of Substantial Completion.

The specification requires that written warranties made to the Owner are in addition to implied warranties and do not limit duties, obligations, rights, and remedies otherwise available under law. Manufacturer disclaimers and limitations do not relieve the Contractor of warranty obligations on work incorporating those products, nor do they relieve suppliers, manufacturers, and subcontractors required to countersign special warranties. When warranted work fails, the Contractor must correct defects through replacement or rebuilding at no additional cost to the Owner, including removal and replacement of other work damaged as a result of the failure or requiring removal for access. The Contractor is responsible for replacement costs regardless of whether the Owner has benefited from use of the work through a portion of its anticipated useful service life. Upon correction of failed work, the Contractor must reinstate the warranty by written endorsement, with the reinstated warranty equitable to the original warranty adjusted for depreciation.

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Text version

01 78 36 – Warranties

1.0 General

1.1 Summary

A. Section Includes:

1. Product warranty manuals.

2. Warranty requirements.

B. Related Sections:

1. Section 01 77 00 – Closeout Procedures: General closeout procedures.

2. 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. The Contractor shall submit documents to Owner and Engineer within 10 days following Date of Substantial Completion or Partial Utilization. For items 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. The Contractor shall submit information electronically to 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 law, nor shall warranty periods be interpreted as limitations on time in which Owner can enforce such other duties, obligations, rights, or remedies.

01 78 36 – Warranties

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.

C. Special Warranties: The Contractor shall 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, the Contractor shall 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, the

Contractor shall 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, at no additional cost to the Owner.

G. Reinstatement of Warranty: In event of Work covered by warranty has failed, the

Contractor shall 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, the Contractor shall 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.

2.0 Products - Not Used.

3.0 Execution - Not Used.

END OF SECTION

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