C250017_Guaranty.pdf
PDF 103 KB Posted
- Solicitation number
- 250017
- Issued by
- Orange County, California
About this file
This is a guaranty document issued by the Orange County Transportation Authority for IFB 270017, related to facility modifications at the Santa Ana Bus Base Operations Building. The guaranty establishes the contractor's warranty obligations for all materials furnished and installation work completed under Agreement No. C-270017. The contractor warrants that all work and materials will conform to contract requirements and be free from defects in design, material, or workmanship for a period of one year from the date of final acceptance by the Authority. The guaranty explicitly excludes defects in design, material, or equipment provided by the Authority and does not apply to work that has been abused or neglected by the Authority.
The contractor is responsible for remedying any defects or failures at its own expense within twelve months of work acceptance. Should materials, equipment, or workmanship prove defective or fail to operate as originally intended, the contractor agrees to reimburse the Authority for all restoration expenses and costs associated with removing and replacing defective work. The Authority retains the unqualified option to perform repairs and replacements itself or require the contractor to complete such work within a reasonable timeframe. If the contractor fails to comply with these obligations, the Authority is entitled to recover all costs and expenses, including attorneys' fees, incurred as a result of non-compliance. The guaranty document requires notarization and signature by the contractor.
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Text version
IFB 270017
EXHIBIT G
GUARANTY
The undersigned, as "Contractor," guarantees to the Orange County Transportation Authority that the materials furnished and the completed installation work, and the related work performed by the Contractor pursuant to Agreement No. C-270017, “FACILITY
MODIFICATIONS AT SANTA ANA BUS BASE OPERATIONS BUILDING”.
A. For a period of one (1) year from the date of completion, as evidenced by the date of final acceptance of the work by the Authority, the Contractor warrants to the Authority that work performed and materials furnished under this Contract conforms to the Contract requirements and shall be free from any defect in design, material or workmanship performed by the Contractor or its subcontractors or suppliers. Notwithstanding the foregoing, Contractor shall not be liable for any defects of design, material or equipment provided by Authority.
B. Under this guaranty, the Contractor shall remedy at its own expense any such failure to conform or any such defect.
C. Nothing in the above intends or implies that this warranty shall apply to work, which has been abused or neglected by the Authority.
D. This guaranty shall be in addition to the other guarantees and warranties specified in the Agreement and shall be enforceable concurrently with, or in lieu of, said other guarantees.
Should any of the materials or equipment prove defective or should the work as a whole prove defective, due to faulty workmanship, material furnished or methods of installation, or should the work or any part thereof fail to operate properly as originally intended and in accordance with the plans and specifications, due to any of the above causes, all within twelve (12) months after the date on which the work is accepted by the Authority, the undersigned agrees to reimburse the Authority, upon demand, for its expenses incurred in restoring any such equipment or materials replaced and the cost of removing and replacing any other work without cost to the Authority so that said work will function correctly as originally contemplated.
The Authority shall have the unqualified option to make any needed replacements or repairs itself or to have such replacements or repairs done by the undersigned. In the event the Authority elects to have said work performed by the undersigned, the undersigned agrees that the repairs shall be made and such materials as are necessary shall be furnished and installed within a reasonable time after the receipt of demand from the Authority. If the undersigned shall fail or refuse to comply with its obligations under this guaranty, the Authority shall be entitled to all costs and expenses, including attorneys' fees, reasonably incurred by reasons of the said failure or refusal.
IFB 270017
EXHIBIT G
GUARANTY, PAGE 2
Subscribed and sworn to before me ________________________________ Name this ___ day of ____________, 202_ _______________________________ Title
Seal of Notary _______________________________ Signature
Notary Public Date
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