All centrally let contracts with the exception of resurfacing contracts contain a 12 Month Project Guarantee provision, following the project acceptance date. The Contractor is responsible for any defects in the materials or workmanship of the major components of the project for a 12 month period. Examples of the major components include pavement structures, bridge components and sign structures. Near the end of the 12 month period, the Department will review the project to determine if the project guarantee needs to be invoked. When a partial acceptance is made for completed items of work prior to the final project acceptance, the 12 month period begins on the date of partial acceptance for those items included in the partial acceptance. Below are the procedures for administering the 12 Month Project Guarantee provision.
The Division Construction Engineer and the Resident Engineer will receive a HiCAMS notification both two months and one month prior to the expiration of the guarantee (if the Resident Engineer has set the guarantee indicator and appropriate guarantee time frame during the contract activation process and entered the acceptance date in HiCAMS in a timely manner.) The Division Construction Engineer and the Resident Engineer are responsible for performing review with the following personnel (as applicable), the Area Construction Engineer, a representative from the County Maintenance Engineer’s Office and a representative from Division Bridge Maintenance.
Notifications shall be given to the Contractor whether or not corrective action is required (
See Sample No Corrections Letter). When remedial work is necessary related to the guarantee, the Resident Engineer will notify the Contractor by Certified Mail prior to the expiration date of the guarantee, detailing the items to be corrected (
See Sample Corrections Letter). If the Contractor disputes any of the items of the work requested, he is required to provide a written description of the disputed work with a detailed explanation to the Division Engineer. After the review of the Contractor’s submission of information, if the Division Engineer intends to pursue the repairs under the term of the guarantee, the Division Engineer shall forward the information to the State Construction Engineer. The State Construction Engineer will review the information and provide a written response, on behalf of the Chief Engineer, to the Division Engineer for further handling of the necessary repairs.
Once all the repairs have been made, the Division Construction Engineer will make a final review of the repairs and send a letter to the Contractor, with a copy to the State Construction Engineer, indicating that all repairs have been made and the project guarantee has been satisfied.
