C54261_Exh_G_Guaranty.pdf
PDF 1 MB Posted
- Attached to
- Bus Hoist Replacement at Anaheim Bus Base
- Solicitation number
- 5-4261
- Issued by
- Orange County, California
About this file
This is a Guaranty document (Exhibit G) for Invitation for Bid (IFB) 5-4261 issued by the Orange County Transportation Authority (OCTA) for Agreement No. C-4-2550, titled "Replacement of Mechanical Units at the Santa Ana Bus Base." The guaranty establishes warranty and performance obligations for the contractor responsible for furnishing materials and completing installation work on the project. The contractor warrants that all work performed and materials furnished shall 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. Should any materials, equipment, or work prove defective due to faulty workmanship, materials, or installation methods, or should the work fail to operate as originally intended within twelve months of acceptance, the contractor agrees to remedy defects at its own expense and reimburse the Authority for restoration costs, equipment replacement, and removal and replacement of other work without cost to the Authority.
The guaranty specifies that the contractor shall complete repairs and furnish necessary materials within a reasonable timeframe upon demand from the Authority, with the Authority retaining the option to either perform repairs itself or require the contractor to perform them. The document explicitly excludes contractor liability for defects in design, material, or equipment provided by the Authority, as well as for work that has been abused or neglected by the Authority. The guaranty is enforceable concurrently with or in lieu of other guarantees and warranties specified in the agreement. Should the contractor fail or refuse to comply with its obligations under this guaranty, the Authority is entitled to recover all costs and expenses, including attorneys' fees, reasonably incurred as a result of such failure or refusal. The document requires notarization with signature, title, date, and notary public seal.
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Text version
IFB 5-4261
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-4-2550, “REPLACEMENT OF MECHANICAL UNITS AT THE SANTA ANA BUS BASE”.
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 5-4261
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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