2006/03/15 Council Agenda Packet

UT 01100 EXHIBIT A, ATTACHMENT 1 Utility Construction Agreement Utility Warranty Provisions Warranty Bond The contractor shall provide a warranty bond in the amount of$ and substantially in the form attached hereto as Attachment 2 covering the warranty described herein in regards to the construction of the City of Everett's 24 inch Water Main identified in groups 8 and 9 of the contract's Summary of Quantities. Said warranty bond shall commence upon the acceptance of the 24 inch Water Main by the City of Everett and shall run for a period of two (2) years thereafter. Said bond shall name the City of Everett as an obligee. General Warranty City of Everett 24 inch Water Main The contractor specifically warrants to WSDOT and to the City of Everett that all work relating to the construction of the City of Everett's 24 inch Water Main identified in groups 8 and 9 of the contract's Summary of Quantities is free of any defects in material or workmanship and in full compliance with the contract documents for a period of two (2) years following acceptance of the 24 in Water Main by the City. If either WSDOT or the City determine at any time within the designated two year period that the 24 inch Water Main installation does not meet the standards set forth herein,the contractor shall correct such work as specified below even if the performance of such correction work extends beyond the stated warranty period. Within seven calendar days of receipt by the contractor of notice from either WSDOT or the City specifying a failure of any of the 24 inch Water Main construction to meet the designated standards, the contractor shall correct said deficiency(ies). If the contractor does not use its best efforts to proceed to effectuate a remedy within the designated time period, then WSDOT or the City shall upon two (2) calendar days notice to the contractor have the right to perform the work necessary to correct the deficiency(ies) and any direct and/or incidental costs incurred by either WSDOT or the City of Everett shall be the responsibility of the contractor. The foregoing warranty is in addition to all rights and remedies available under the Contract Documents or applicable law. If the contractor fails or refuses to provide the warranty remedy described herein, notwithstanding a valid request by WSDOT or the City of Everett, the contractor shall be liable for the cost of performance of the warranty work by others. WSDOT or the City of Everett may also call the warranty performance bond. The contractor shall not be required as part of the above referenced warranty to perform repair or replacement work to the extent necessitated by: 1S