HomeMy WebLinkAboutCunningham Construction Co. Inc.-8/26/2013EXTENDED WARRANTY AMENDMENT
Whereas, the City of Waterloo, Iowa ("City") and Cunningham Construction Co., Inc.
("Contractor") are parties to a certain Contract for the Construction of F.Y. 2012 Byrnes Park
Drainage Improvements Phases I & II, Contract No. 822 (the "Contract") for Contractor to
undertake certain work (the "Project") as described in the Contract and related plans and
specifications on real property (the "Lot") owned by City at Byrnes Park; and
Whereas, Contractor experienced mechanical difficulties during construction of the Lot,
leaving areas where water collects instead of draining as planned, and to remedy the defect
Contractor has proposed a solution (the "Repair") to mill the concrete surface to a specified
depth and then to overlay the milled area with new concrete; and
Whereas, the City is willing to permit the Repair on the terms set forth herein;
Now, therefore, the parties agree as follows:
1. Contractor will mill the Lot surface to a minimum depth of two (2) inches and a
minimum width of six (6) feet. Existing joints ehall be protected during the Repair work and re-
established after the concrete repour. The milled surface shall be cleaned and prepared
according to SUDAS standards before the concrete repour. In all respects Contractor will
perform the Repair in a manner satisfactory to City.
2. The parties acknowledge that the Contract includes a covenant by Contractor to
maintain the work (the "Maintenance Covenant"), including but not limited to the area affected
by the Repair, for a period of two (2) years after City accepts the work. The Maintenance
Covenant shall be deemed to include the Repair. Nothing in this Extended Warranty
Amendment shall modify or in any way reduce the intended scope or duration of the
Maintenance Covenant.
3. In addition to the Maintenance Covenant, the parties specifically agree that
Contractor hereby warrants and shall maintain all work relating to the Repair for a period of ten
(10) years from and after the date that the Repair work is accepted by the City Council. The
warranty period shall be further extended with respect to portions of the Repair work first
performed after City's acceptance of same by the period of time between acceptance and the
actual performance of corrective work, not to exceed an additional one (1) year of extension with
respect to each such instance. In the event of the failure or default of the Contractor to remedy
any or all defects appearing in the Repair work within a period of ten (10) years from the date of
its acceptance by the Council, and after having been given ten (10) days' notice to effectuate said
remedy by registered U.S. Mail, addressed to the Contractor at the address given in the Contract,
then City may proceed to remedy such defects. City may recover the costs and expenses incurred
to remedy said defects from Contractor by an action brought in any court of competent
jurisdiction, and City shall further be entitled to an award of reasonable attorneys' fees and
expenses.
4. The parties acknowledge that the Contract includes a requirement that Contractor
provide a "Maintenance Bond." Nothing in this Extended Warranty Amendment shall modify or
in any way reduce the intended scope or duration of the Maintenance Bond applicable to the
Project work, or any provisions of the Contract applicable to said bond. The Repair work shall
be included within the intended scope of the Maintenance Bond for the duration of said bond, but
upon expiration of the Maintenance Bond the extended warranty provided for herein shall
continue to be effective on the terms and for the period set forth herein.
5. Except to the limited extent modified by this Extended Warranty Amendment, all
terms and conditions of the Contract shall remain unmodified and in full force and effect. This
Extended Warranty Amendment is binding upon and shall inure to the benefit of the parties and
the respective successors and assigns of each. Time is of the essence.
IN WITNESS WHEREOF, the parties have executed this Extended Warranty
Amendment by their duly authorized representatives as of April 9, 2013.
CITY OF WATERLOO, IOWA CUNNINGHAM CONSTRUCTION
CO., INC.
By:
Mayor
2
By:
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