1108 WWS 01-EPDM60-PE-NE-1108 Omaha-Revised Warranty (2 pages).pdf
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- Solicitation number
- 36C26321R0155
About this file
This document outlines a federal contract opportunity for mechanical deficiency corrections at a Department of Veterans Affairs medical center. The Nebraska-Western Iowa Health Care System is seeking a contractor to install three new boilers at the Omaha VA Medical Center under a firm fixed-price contract. The contractor must provide all labor, materials, equipment and supervision to demolish existing boilers and install the new units while maintaining steam production capabilities. The period of performance is 425 calendar days from notice to proceed. A bid bond and payment and performance bonds will be required. The solicitation is designated as a 100% set-aside for Service-Disabled Veteran Owned Small Businesses and will be posted on August 23, 2021 to SAM.gov with a NAICS code of 238220 and magnitude between $5-10 million. Respondents must be registered in SAM and represent their SDVOSB and small business status in the VIP database.
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Text version
Date of Acceptance by WindSmart: 04/25/2019
Building Owner: Nebraska Western Iowa Health Care System
Building Owner Contact: Roy Hurd
Owner Address: 4101 Woolworth Ave.
City: Omaha State: Nebraska Zip: 68105
Phone: (402) 995-4500
Email: roy.hurd@va.gov
Serial Number: 01-EPDM60-PE-NE-1108 Grand Island
Building Name: VA Medical Center – Grand Island
Roof Sections: Roof – Building 24 & Building 2 (Boiler Plant)
Building Address: 4101 Woolworth Ave.
City: Omaha State: Nebraska Zip: 68105
Phone: (402) 995-4500
Square Feet: 3,883
Completion Date of the WindSmart Roof System: 01/25/2019
WindSmart® Warranty Services, LLC (“WindSmart Warranty”) warrants to the Building Owner (“Owner”) of the above listed building that, subject to the terms, conditions and limitations stated in this Warranty, will repair leaks (materials and labor) in the WindSmart Membrane Roof System (“WindSmart Roof System”) installed by a WindSmart licensed roofing applicator for a period of twenty
(20) years commencing with the date of WindSmart’s acceptance of the WindSmart Warranty on the above described building. In no event shall this warranty extend beyond twenty (20) years past the date of substantial completion of this WindSmart Roof System.
TERMS, CONDITIONS, LIMITATIONS
1. Owner shall provide WindSmart Warranty with written notice as reasonably practicable, but not more than ten (10) days after the discovery of any leaks in the WindSmart Roof System. Owner must send written notice of leak(s) to WindSmart Warranty Services at the address set forth on this Warranty. By so notifying WindSmart Warranty, the Owner authorizes WindSmart Warranty or its designee to investigate the cause of the leak. Should the investigation reveal the cause of the leak to be outside the scope of this Warranty, investigation and repair costs for this service shall be paid by the Owner.
2. If, upon inspection, WindSmart Warranty determines that the leak is caused by a defect in the WindSmart Roof System’s warranted materials, or workmanship of the WindSmart licensed roofing applicator in installing the same, Owner’s remedies and WindSmart Warranty’s liability shall be limited to WindSmart Warranty’s repair of the leak.
3. This Warranty shall not be applicable, if, upon WindSmart Warranty’s inspection, WindSmart Warranty determines that any of the following has occurred:
(a) The WindSmart Roof System is damaged by natural disasters, including, but not limited to, lightning, fire, animals, birds, insect infestation, earthquake, tornado, hail (unless specified in the “WindSmart Hail Warranty”), hurricanes and winds of peak gust speeds of 55 mph or higher, measured at 30 feet above ground; or
(b) The WindSmart Roof System is damaged by any intentional or negligent acts, accidents, misuse, positive pressure buildings, abuse, vandalism, civil disobedience, cuts or punctures, or the like; or
(c) Deterioration or failure of building components, including, but not limited to, the structure, roof substrate, walls, mortar, HVAC units, non-WindSmart metal, etc., occurs and causes a leak, or otherwise damages the WindSmart Roof System; or
(d) Acids, oils, harmful chemicals and the like come in contact with the WindSmart Roof System and cause a leak, or otherwise damage the WindSmart Roof System.
(Continued on reverse side)
WINDSMART® WARRANTY SERVICES
WindSmart Warranty Services, LLC • 3716 Ingersoll Avenue, Suite D • Des Moines, IA 50312
800.474.8186 (toll free) • www.windsmartroofs.com
WindSmart® Warranty Services, LLC
4. This Warranty shall be null and void, if any of the following shall occur:
(a) If, after installation of the WindSmart Roof System by a WindSmart licensed roofing applicator there are any alterations or repairs made on or through the roof, or objects such as, but not limited to, structures, fixtures, or utilities are placed upon or attached to the roof without first obtaining written authorization from WindSmart; or change of use, or
(b) Failure by the Owner to use reasonable care in maintaining the roof.
5. Only WindSmart brand products or products specifically supplied by WindSmart are covered by this warranty. WindSmart and WindSmart Warranty specifically disclaims liability under any theory of law, for damages sustained by non-WindSmart brand products.
6. During the term of the Warranty, WindSmart Warranty shall have free access to the roof during regular business hours.
7. WindSmart Warranty shall have no obligation under this Warranty until all warranty fees and charges are paid in full.
8. WindSmart Warranty’s failure at any time to enforce any of the terms or conditions stated herein shall not be construed to be a waiver of such provision.
9. WindSmart and WindSmart Warranty shall not be responsible for the cleanliness or discoloration of the WindSmart Roof System caused by environmental factors or Owner’s building use such as, but not limited to: dirt, pollutants, natural or manufactured toxins, or any other biological agent.
10. Liabilities and obligations of WindSmart Warranty hereunder shall be limited to the repair or replacement of products supplied by WindSmart found to be causing leaks.
11. This warranty is for the WindSmart Roof System installed on a building at: 2201 N Broadwell Avenue, Grand Island, Nebraska 68801. WindSmart Warranty represents this warranty is transferable subject to the terms and conditions of this warranty and any subsequent inspection for warranty transfer resulting in a reacceptance of this WindSmart Roof System as stated in the WindSmart “Warranty Transfer Procedure Policy”.
THE REMEDIES STATED HEREIN ARE THE SOLE AND EXCLUSIVE REMEDIES FOR FAILURE OF THE MEMBRANE SYSTEM OR ITS COMPONENTS. THERE ARE NO WARRANTIES EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY, WHICH EXTEND BEYOND THE FACE HEREOF. THIS WARRANTY IS TRANSFERABLE FROM OWNER TO OWNER, CONTACT WINDSMART WARRANTY FOR WARRANTY TRANSFER PROCEDURE. WINDSMART AND WINDSMART WARRANTY SHALL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR DAMAGE TO THE BUILDING OR ITS CONTENTS UNDER ANY THEORY OF LAW. THIS IS A COMMERCIAL CONTRACT THAT CAN ONLY BE MODIFIED BY A WINDSMART WARRANTY CORPORATE OFFICER. DISPUTES WHICH ARISE OUT OF THIS WARRANTY OR WINDSMART PRODUCTS INSTALLED, SHALL BE SETTLED IN THE IOWA DISTRICT COURT OF POLK COUNTY, IOWA AND GOVERNED BY IOWA LAW.
WindSmart Warranty Services, LLC Installing Contractor
By: Name: McKinnis, Inc.
Name: Dave Harvey Address: 164 S 1st Street
Title: Managing Member City: Blair State: Nebraska Zip: 68008
Date: 06/28/2019 Phone: (402) 426-2644
Revised August 2019Copyright © 2019 WindSmart Warranty Services, LLC. All Rights Reserved.
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