§ 158.63  WARRANTY REQUIRED.
   (A)   All materials and equipment provided to the city shall be new unless otherwise approved in advance by the City Manager or his designee, and all work will be of good quality, free from faults and defects, and in conformance with the designs, plans, specifications, drawings, and recognized industry standards. This warranty, any other warranties express or implied, and any other consumer rights, shall inure to the benefit of the city only and are not made for the benefit of any party other than the city.
   (B)   All work by the developer not conforming to these requirements, including, but not limited to, unapproved substitutions, may be considered defective.
   (C)   This warranty is in addition to any rights or warranties expressed or implied by law.
   (D)   Where more than a two-year warranty is specified in the applicable plans, specifications, or submittals for individual products, work, or materials, the longer warranty shall govern.
   (E)   This warranty obligation may be covered by any maintenance bond tendered in compliance with this subchapter.
   (F)   If any of the work performed by the developer is found or determined to be either defective, including obvious defects, or otherwise not in accordance with this subchapter, the designs, plans, drawings, or specifications, within two years after the date of the issuance of a certificate of final completion of the work, or a designated portion thereof, whichever is longer, within two years after acceptance by the city of designated equipment, or within such longer period of time as may be prescribed by law or by the terms of any applicable special warranty required by this subchapter, developer shall promptly correct the defective work at no cost to the city.
   (G)   The failure, including cracking or other indication of failure, of an improvement shall be deemed conclusive that the workmanship or product is defective.
   (H)   During the applicable warranty period and after receipt of written notice from the city to begin corrective work, developer shall promptly begin the corrective work. The obligation to correct any defective work shall be enforceable under this code. The guarantee to correct the defective work shall not constitute the exclusive remedy of the city, nor shall other remedies be limited to the terms of either the warranty or the guarantee.
   (I)   If within 20 calendar days after the city has notified developer of a defect, failure, or abnormality in the work, developer has not started to make, and continuously worked to complete, the necessary corrections or adjustments, the city is hereby authorized to make the corrections or adjustments, or to order the work to be done by a third party. The cost of the work shall be paid by developer.
   (J)   The cost of all materials, parts, labor, transportation, supervision, special instruments, and supplies required for the replacement or repair of parts and for correction of defects, shall be paid by developer, its contractors, subcontractors, or by the surety.
   (K)   The guarantee shall be extended to cover all repairs and replacements furnished, and the term of the guarantee for each repair or replacement shall be two years after the installation or completion. The two-year warranty shall cover all work, equipment, and materials that are part of the improvements made under this subchapter.
(Ord. 180327B, passed 3-27-2018)