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8.2.4. The Engineer / Architect will review the Contractor's Invoice and will certify to the <br />City for payment to the Contractor, those amounts then due the Contractor as provided in this <br />Contract. <br />8.2.5. The Engineer / Architect shall have authority to reject Work which is defective or <br />does not conform to the requirements of this Contract. If the Engineer / Architect deems it necessary <br />or advisable, the Engineer / Architect shall have authority to require additional inspection or testing <br />of the Work for compliance with Contract requirements. <br />8.2.6. The Engineer / Architect will review and approve, or take other appropriate action as <br />necessary, concerning the Contractor's submittals including Shop Drawings, Product Data and <br />Samples. Such review, approval or other action shall be for the sole purpose of determining <br />conformance with the design concept and information given through the Contract Documents. <br />8.2.7. 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 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, will <br />receive and forward to the City for the City's review and records, written warranties and related <br />documents required by this Contract and will issue a final Certificate for Payment upon compliance <br />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 contract <br />by and between the City and the Engineer / Architect and this Contract, the terms of this Contract <br />shall control with respect to the Contractor. <br />8.2.10. If the Contractor fails any inspection which requires a re -inspection by the Engineer <br />/ Architect or any of its design consultants, the Contractor shall bear the cost of such repeat <br />inspection(s) which cost may be deducted by the City from any sums 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 claims shall be <br />initiated by written notice and claim to the City and the Engineer / Architect, as applicable. <br />Such written notice and claim must be furnished within three (3) days after occurrence of the event, <br />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 shall diligently <br />proceed with performance of this Contract and the City shall continue to make payments to the <br />Contractor in accordance with this Contract. The resolution of any claim under this Paragraph 8.3 <br />shall be reflected by a Change Order executed by the City, the Engineer / Architect and the <br />Contractor. <br />MBR CONSTRUCTION, INC. Page 19 of 41 <br />1FR <br />338 <br />