15.20.100 Warranty guarantee.
(1) The owner/developer and contractor shall stipulate, on a form provided by the City, that 100 percent of the work performed in relation to the project shall be warranted and that a warranty guarantee shall be provided during the one-year warranty period as defined in the City of Millersburg Standard Construction Specifications. The warranty guarantee shall insure prompt corrective work on all or any part of the public facility which requires repair, reconstruction, or replacement (at the option of the City), or which does not continue to meet the requirements of the City of Millersburg Standard Construction Specifications during the one-year warranty period. The one-year warranty period shall begin at the time of written acceptance of the public facility by the City and shall continue for an additional year following City acceptance of any warranty repair. The warranty guarantee for the 100 percent warranty shall reference the approved plans, specifications, and permit requirements, and the warranty period beginning at the time of written acceptance by the City. The warranty guarantee shall be one of the following:
(a) A 100 percent warranty guarantee incorporated with the payment and performance guarantee.
(b) A warranty maintenance bond in the amount of 10 percent of the approved estimated cost of construction, or the actual final construction cost if it exceeds the original estimated amount.
(c) Written evidence in a form and of a content approved in writing by the City Attorney guaranteeing repair, reconstruction, or replacement of all or any part of the public facilities (at the option of the City) during the warranty period beginning at the time of written acceptance of the public facility by the City and providing monetary assurance therefor.
(2) If at any time the provided warranty guarantee is insufficient to cover the required warranty work, the City will be entitled to the necessary additional funds from the owner/developer 30 days following written demand. If the additional funds are not received by the City within 30 calendar days of written request, the City may file an action at law for the collection of the additional amounts plus all attorney fees and legal costs. (Ord. 141 (Exh. A § 10), passed 12-11-2018)