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5-1.013 LINES AND GRADES
<br /> Attention is directed to Section 5-1.07,"Lines and Grades,"of the Standard Specifications.
<br /> Stakes or marks will be set by the Engineer in conformance with the requirements in Chapter 12, "Construction
<br /> Surveys,"of the Department's Surveys Manual.
<br /> 5-1.017 CONTRACT BONDS
<br /> Attention is directed to Section 3-1.02,"Contract Bonds,"of the Standard Specifications and these special provisions.
<br /> The payment bond shall be in a sum not less than one hundred percent of the total amount payable by the terms of the
<br /> contract.
<br /> 5-1.018 GUARANTEE
<br /> GENERAL
<br /> The Contractor shall guarantee the work is in accordance with contract requirements and remains free from substantial
<br /> defects in materials and workmanship for a period of one year after contract acceptance. For certain portions of the work
<br /> where the Director relieves the Contractor of responsibility in accordance with Section 7-1.15,"Relief from Maintenance and
<br /> Responsibility,"of the Standard Specifications,the guarantee period starts on the relief date and ends one year therefrom.
<br /> Substantial defects in materials and workmanship means defective work objectively manifested by damaged,displaced,
<br /> or missing parts or components and workmanship resulting in improper function of materials, components, equipment, or
<br /> systems,as installed or manufactured by the Contractor,subcontractor,supplier,or manufacturer.
<br /> During the guarantee period, the Contractor shall repair or replace contract work and associated work which is not in
<br /> accordance with contract requirements or has substantial defects in materials and workmanship. The Contractor shall
<br /> perform the corrective work with no expense to the Department other than State-provided field inspection services.
<br /> The guarantee of work excludes damage or displacement that is outside the control of the Contractor and caused by
<br /> normal wear and tear,improper operation, insufficient maintenance, abuse,unauthorized modification,or natural disaster as
<br /> described in Section 7-1.165,"Damage by Storm,Flood,Tsunami or Earthquake,"of the Standard Specifications.
<br /> The Contractor shall have the same insurance coverage during corrective work operations as prior to contract acceptance,
<br /> in accordance with Section 7-1.12,"Indemnification and Insurance,"of the Standard Specifications.
<br /> The contract bonds fiunished in accordance with Section 3-1.02, "Contract Bonds," of the Standard Specifications must
<br /> remain in full force and effect during the guarantee period and until all corrective work is complete.
<br /> In the case of conflict between this guarantee provision and any warranty provision included in the contract,the warranty
<br /> provision shall govern for the specific construction product or feature covered.
<br /> CORRECTIVE WORK
<br /> During the guarantee period, the Department will monitor performance of the highway facilities completed by the
<br /> Contractor and will perform a thorough review of the contract work at least 60 days before the expiration of the one-year
<br /> guarantee.
<br /> If the Engineer discovers contract work not in compliance with contract requirements or that has substantial defects in
<br /> materials and workmanship, at any time during the guarantee period, a list of items that require corrective work will be
<br /> developed and forwarded to the Contractor. Within 15 days of receipt of a list,the Contractor shall submit to the Engineer a
<br /> detailed plan for performing corrective work. The work plan shall include a start to finish schedule. It shall include a list of
<br /> labor,equipment,materials,and any special services intended to be used. It shall clearly show related work including traffic
<br /> control,temporary delineation,and permanent delineation.
<br /> The Contractor shall start the corrective and related work within 15 days of receiving notice from the Engineer that the
<br /> Contractor's work plan is approved. The corrective work shall be diligently prosecuted and completed within the time
<br /> allotted in the approved work plan.
<br /> If the Engineer determines that corrective work, covered by the guarantee, is urgently needed to prevent injury or
<br /> property damage, the Engineer will give the Contractor a request to start emergency repair work and a list of items that
<br /> require repair work. The Contractor shall mobilize within 24 hours and diligently perform emergency repair work on the
<br /> damaged highway facilities. The Contractor shall submit a work plan within 5 days of starting emergency repair work.
<br /> If the Contractor fails to commence and execute,with due diligence,corrective work and related work required under the
<br /> guarantee in the time allotted, the Engineer may proceed to have the work performed by State forces or other forces at the
<br /> Contractor's expense. Upon demand, the Contractor shall pay all costs incurred by the Department for work performed by
<br /> State forces or other forces including labor,equipment,material,and special services.
<br /> Contract No. 10-OM7104
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