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The Engineer/Architect will prepare Change Orders and may authorize minor <br /> • changes in the Work upon approval from the City by Field Order as provided elsewhere <br /> herein. <br /> 8.2.8 The Engineer/Architect shall, upon written request from the Contractor, conduct <br /> inspections to determine the date of Substantial Completion and the date of Final Completion, <br /> will receive and forward to the City for,the City's reviewand records, written warranties and <br /> related documents required bythis Contractand a d will issue a final Certificate for Payment upon <br /> compliance with the requirements of this Contract. <br /> 8.2.9 The Contractor agrees, acknowledges, and warrants that it has no third party <br /> beneficiary rights, or other rights, arising out of any contract by and between the City and the <br /> Engineer/Architect and, in the event of any conflict between the terms and provisions of the <br /> contract by and between the City and the Engineer/Architect and this Contract, the terms of <br /> this Contract shall control with respect to the Contractor. <br /> 8.2.10 If the Contractor fails any inspection which requires a re-inspection bythe <br /> p <br /> Engineer/Architect or any of its design consultants, the Contractor shall bear the cost of such <br /> repeat inspection(s) which cost may be deducted by the City from any sums otherwise due <br /> the Contractor. <br /> 8.3 Claims by the Contractor <br /> 8.3.1 Except as prohibited in Paragraph 8.3.5.1 herein below, all Contractor claims <br /> shall be initiated by written_notice and claim to the City and the Engineer / Architect, as <br /> applicable. <br /> Such written notice and claim must be furnished within three (3) days after occurrence of the <br /> event, or the first appearance of the condition giving rise to the claim. <br /> 8.3.2 Pendingfinal resolution of anyclaim of the Contractor, the Contractor shall <br /> diligently proceed with performance of this Contract and the City shall continue to make <br /> payments to the Contractor in accordance with this Contract. The resolution of any claim <br /> under this Paragraph 8.3 shall be reflected by a Change Order executed by the City, the <br /> Engineer/Architect and the Contractor. <br /> 8.3.3 Claims for Concealed and Unknown Conditions -- Should concealed and <br /> unknown conditions encountered in the performance of the Work (a) below the surface of the <br /> ground or (b) in an existing structure be at variance with the conditions indicated by this <br /> Contract, or should unknown conditions of an unusual nature differing materially from those <br /> ordinarily encountered in the area and generally recognized as inherent in Work of the <br /> character provided for in this Contract, be encountered, the Contract Price shall be equitably <br /> adjusted by Change Order upon the written notice and claim by either party made within three <br /> (3) days after the first observance of the condition. As a condition precedent to the City <br /> having any liability to the Contractor for concealed or unknown conditions, the Contractor <br /> must give the City and the Engineer / Architect written notice of, and an opportunity to <br /> observe, the condition prior to disturbing it. The failure by the Contractor to make the written <br /> notice and claim as provided in this Subparagraph shall constitute a waiver by the Contractor <br /> of any claim arising out of or relating to such concealed or unknown condition. <br /> 8.3.4 Claims for Additional Costs -- Except as prohibited in Paragraph 8.3.5 herein <br /> below, if the Contractor wishes to make a claim for an increase in the Contract Price, as a <br /> 24 <br />