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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 />10.5.1 The execution of a Change Order by the Contractor shall constitute <br />conclusive evidence of the Contractor's agreement to the ordered changes in the Work, <br />this Contract as thus amended, the Contract Price and the Contract Time. The <br />Contractor, by executing the Change Order, waives and forever releases any claim <br />against the City for additional time or compensation for matters relating to or arising <br />out of or resulting from the Work included within or affected by the executed Change <br />Order. <br />10.6 Notice to Suretv; Consent <br />10.6.1 As a condition precedent for the certification, approval or payment of any <br />Application for Payment, or as a condition precedent for the approval or execution by the <br />City of any Change Order, or as a condition precedent for any action required by the City <br />under this Contract, the City may demand and the Contractor shall furnish, an <br />appropriately executed Consent of Surety in such form as the City may specify. <br />10.7 Emergency Change Orders <br />10.7.1 In an emergency that presents immediate danger to person or property, the <br />City's designated representative may order a change in the Work that shall be documented <br />within three (3) days from the inception of said emergency in accordance with the change <br />order requirements of Article X of this Contract. <br />10.8 Construction Change Directive <br />10.8.1 If the City and the Contractor cannot agree on the cost of a change in the Work, <br />the City may issue a written Construction Change Directive ordering a change in the <br />Work prior to reaching agreement with the Contractor on the adjustment, if any, in the <br />Contract Price and/or the Contract Time. <br />10.8.2 The City and the Contractor shall negotiate expeditiously and in good faith <br />for appropriate adjustments, as applicable, to the Contract Price and/or the Contract Time <br />arising out of a Construction Change Directive. Within 15 days of issuance of the <br />Construction Change Directive, the City will issue a Change Order based upon the City's <br />Representative's estimate for the cost of the Work and any additional agreed upon time <br />extension in accordance with Article 10.3. When a resolution has been reached on the <br />total cost of the Work and the cost of the Work is more or less than the City's <br />Representative's estimate, a final adjusting Change Order will be issued for the difference <br />in both cost and time as is applicable. <br />ARTICLE XI <br />UNCOVERING AND CORRECTING WORK <br />11.1 Uncoveriniz Work <br />11.1.1 If any of the Work is covered contrary to the City's Representative's request or to <br />any provisions of this Contract, it shall, if required by the City's Representative or the City, be <br />28 <br />