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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 <br />(305) 947-0606 phone (305) 949-3113 Fax <br />Representative deems it necessary or advisable, the City's Representative shall have <br />authority to require additional inspection or testing of the Work for compliance with <br />Contract requirements. In the event additional inspections or testing are required <br />pursuant to this paragraph 8.2.5, the costs for all additional inspections or testing shall <br />be the responsibility for the Contractor. <br />8.2.6 The City's Representative will review and approve, or take other appropriate <br />action as necessary, concerning the Contractor's submittals including Shop Drawings, <br />Product Data and Samples. Such review, approval or other action shall be for the sole <br />purpose of determining conformance with the Contract Documents. <br />8.2.7 The City's Representative will prepare Change Orders and may authorize <br />minor changes in the Work upon approval from the City by Field Order as provided <br />elsewhere herein. <br />8.2.8 The City's Representative shall, upon written request from the Contractor, <br />conduct inspections to determine the date of Substantial Completion and the date of Final <br />Completion, will receive and forward to the City for the City's review and records, <br />written warranties and related documents required by this Contract and will issue a final <br />Certificate for Payment upon compliance with the requirements of this Contract. <br />8.2.9 The Contractor agrees, acknowledges, and warrants that it has no third <br />party beneficiary rights, or other rights, arising out of any contract by and between the <br />City, the City's Representative, and/or the City's Consultant Engineer and, in the event <br />of any conflict between the terms and provisions of the contract by and between the City <br />and the City's Representative, and/or the City's Consultant and this Contract, the terms <br />of this Contract shall control with respect to the Contractor. <br />8.2.10 If the Contractor fails any inspection which requires a re -inspection <br />by the City's Representative or any of its consultants, the Contractor shall bear the cost <br />of such repeat inspection(s) which cost may be deducted by the City from any sums <br />otherwise due 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 <br />claims shall be initiated by written notice and claim to the City and the City's <br />Representative, as applicable. <br />Such written notice and claim must be furnished within three (3) days after occurrence <br />of the event, or the first appearance of the condition giving rise to the claim. <br />8.3.2 Pending final resolution of any claim of the Contractor, the Contractor <br />shall diligently proceed with performance of this Contract and the City shall continue to <br />make payments to the Contractor in accordance with this Contract. The resolution of <br />any claim under this Paragraph 8.3 shall be reflected by a Change Order executed by the <br />City, the City's Representative and the Contractor. <br /><°- O 21 <br />