Reso 2026-4001 - Laserfiche WebLink

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8.2.9. The Contractor agrees, acknowledges, and warrants that it has no third party beneficiary rights, or other rights, arising out of any contract by and between the City and the Engineer / Architect and, in the event of any conflict between the terms and provisions of the contract by and between the City and the Engineer / Architect and this Contract, the terms of this Contract shall control with respect to the Contractor. 8.2.10. If the Contractor fails any inspection which requires a re -inspection by the Engineer / Architect or any of its design consultants, the Contractor shall bear the cost of such repeat inspection(s) which cost may be deducted by the City from any sums otherwise due the Contractor. 8.3 Claims by the Contractor 8.3.1. Except as prohibited in Paragraph 8.3.5.1 herein below, all Contractor claims shall be initiated by written notice and claim to the City and the Engineer / Architect, as applicable. Such written notice and claim must be furnished within five (5) working days after the Contractor first becomes aware, or reasonably should have become aware, of the condition giving rise to the delay or claim. Failure to strictly comply with this notice requirement shall not constitute a waiver of the Contractor's claim unless the City is materially prejudiced. 8.3.2. Pending final resolution of any claim of the Contractor, the Contractor shall diligently proceed with performance of this Contract and the City shall continue to make payments to the Contractor in accordance with this Contract. The resolution of any claim under this Paragraph 8.3 shall be reflected by a Change Order executed by the City, the Engineer / Architect and the Contractor. 8.3.3. Claims for Concealed and Unknown Conditions. Should concealed and unknown conditions encountered in the performance of the Work (a) below the surface of the ground or (b) in an existing structure be at variance with the conditions indicated by this Contract, or should unknown conditions of an unusual nature differing materially from those ordinarily encountered in the area and generally recognized as inherent in Work of the character provided for in this Contract, be encountered, the Contract Price shall be equitably adjusted by Change Order upon the written notice and claim by either party made within three (3) days after the first observance of the condition. As a condition precedent to the City having any liability to the Contractor for concealed or unknown conditions, the Contractor must give the City and the Engineer / Architect written notice of, and an opportunity to observe, the condition prior to disturbing it. The failure by the Contractor to make the written notice and claim as provided in this Subparagraph shall constitute a waiver by the Contractor of any claim arising out of or relating to such concealed or unknown condition. 8.3.4. Claims for Additional Costs. Except as prohibited in Paragraph 8.3.5 herein below, if the Contractor wishes to make a claim for an increase in the Contract Price, as a condition precedent to any liability of the City therefore, the Contractor shall give the Engineer / Architect and the City written notice of such claim within three (3) days after the occurrence of the event, or the first appearance of the condition, giving rise to such claim. Such notice must be given by the Contractor before proceeding to execute any additional or changed Work. The failure by the Page 21 of 44