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RRJ Company LLC 4/7/2021
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RRJ Company LLC 4/7/2021
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Entry Properties
Last modified
6/13/2023 8:43:25 AM
Creation date
4/23/2021 11:18:54 AM
Metadata
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Template:
Contracts
Contractor's Name
RRJ Company LLC
Approval Date
4/7/2021
Council Approval Date
3/10/2021
Department
Parks
Department Project Manager
Mark Harrison
Subject / Project Title
Emma Yule Park
Public Works WO Number
PW 2020-064-R1
Tracking Number
0002869
Total Compensation
$1,064,181.00
Contract Type
Capital Contract
Retention Period
10 Years Then Transfer to State Archivist
Document Relationships
RRJ Company LLC 2/23/2023 Change Order 2
(Contract)
Path:
\Records\City Clerk\Contracts\10 Years Then Transfer to State Archivist\2022
RRJ Company LLC 8/17/2022 Change Order 1
(Contract)
Path:
\Records\City Clerk\Contracts\10 Years Then Transfer to State Archivist\2022
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I <br /> Revised 2021-01-19— <br /> Addendum No. 1 <br /> 8.9. GUARANTEE <br /> The Contractor warrants to the Owner that all materials and Equipment furnished under this Contract will ' <br /> be of highest quality and new unless otherwise specified by the Owner,free from faults and defects and in <br /> conformance with the Contract Documents.All Work not so conforming to these standards shall be <br /> considered defective. If required by the Owner's Representative,the Contractor shall furnish satisfactory <br /> evidence as to the kind and quality of materials and Equipment. <br /> The Work furnished must be of first quality and the workmanship must be the best obtainable in the <br /> various trades. The Work must be of safe, substantial and durable construction in all respects. <br /> "Acceptance of the Work" shall not extinguish any covenant or agreement on the part of the Contractor to <br /> be performed or fulfilled under this Contract that has not, in fact,been performed or fulfilled at the time <br /> of such acceptance. All covenants and agreements shall continue to be binding on the Contractor until <br /> they have been fulfilled. <br /> The Owner and the Contractor agree that the guarantee on the completed portions of the Work possessed <br /> and used by the Owner shall commence as to those portions on the date that the Owner takes possession <br /> of those portions and so notifies the Contractor in writing. Owner and Contractor further agree that such <br /> taking possession and use shall not be deemed as acceptance of the Work. Takeover of completed <br /> portions of the Work shall be at the Owner's option and will not be made until the Work can be put into <br /> routine service on a permanent basis. <br /> The guarantee provided in this paragraph shall be in addition to those specific guarantee or warranty <br /> requirements for particular Equipment and Work items as indicated in the Specifications. <br /> 8.10. CORRECTION PERIOD <br /> If within one year after the date of Substantial Completion, or such longer period of time as may be <br /> prescribed by the terms of any applicable special guarantee required by the Contract Documents)or by <br /> any specific provision of the Contract Documents, any Work is found to be defective, or if the repair of <br /> any damages to the land or areas made available for Contractor's use by Owner or permitted by Laws and <br /> Regulations as contemplated in Paragraph 8.6.6. is found to be defective, Contractor shall promptly, <br /> without cost to Owner and in accordance with Owner's written instructions: <br /> 1. repair such defective land or areas; or <br /> 2. correct such defective Work; or <br /> 3. if the defective Work has been rejected by Owner,remove it from the Project and replace it with <br /> Work that is not defective,and <br /> 4. satisfactorily correct or repair or remove and replace any damage to other Work,to the work of <br /> others or other land or areas resulting there from. <br /> If Contractor does not promptly comply with the terms of Owner's written instructions, or in an <br /> emergency where Delay would cause serious risk of loss or damage, Owner may have the defective Work <br /> corrected or repaired or may have the rejected Work removed and replaced.All claims, costs, losses, and <br /> damages(including but not limited to all fees and charges of engineers,architects,attorneys, and other <br /> professionals and all court or arbitration or other dispute resolution costs)arising out of or relating to such <br /> correction or repair or such removal and replacement(including but not limited to all costs of repair or <br /> replacement of Work of others)will be paid by Contractor. , <br /> The Owner is hereby authorized to make such repairs if, ten(10)days after giving of such notice to the <br /> Contractor,the Contractor has failed to make or undertake the repairs with due diligence. In case of an <br /> emergency where,in the opinion of the Owner, Delay could cause serious loss or damage, repairs may be <br /> made prior to or concurrent with notice being sent to the Contractor. All expenses in connection with <br /> such repairs will be charged to the Contractor. <br /> General Conditions—007200-30 <br /> I <br />
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