Permits & Development - Encroachment(EP)/Driveway(DW) Permits - 2007_EP-07-301 thru EP-07-400_ - EP-07-352

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9-1.07B Final Payment and Claims • After acceptance by the Director, the Engineer will make a proposed final estimate in writing of the total amount payable to the Contractor,including an itemization of the total amount,segregated by contract item quantities,extra work and other bases for payment,and shall also show each deduction made or to be made for prior payments and amounts to be kept or retained under the provisions of the contract. Prior estimates and payments shall be subject to correction in the proposed final estimate. The Contractor shall submit written approval of the proposed final estimate or a written statement of claims arising under or by virtue of the contract so that the Engineer receives the written approval or statement of claims no later than close of business of the thirtieth day after receiving the proposed final estimate. If the thirtieth day falls on a Saturday, Sunday or legal holiday, then receipt of the written approval or statement of claims by the Engineer shall not be later than close of business of the next business day. The Contractor's receipt of the proposed final estimate shall be evidenced by postal receipt. The Engineer's receipt of the Contractor's written approval or statement of claims shall be evidenced by postal receipt or the Engineer's written receipt if delivered by hand. • On the Contractor's approval,or if the Contractor files no claim within the specified period of 30 days,the Engineer will issue a final estimate in writing in conformance with the proposed final estimate submitted to the Contractor,and within 30 days thereafter the State will pay the entire sum so found to be due. That final estimate and payment thereon shall be conclusive and binding against both parties to the contract on all questions relating to the amount of work done and the compensation payable therefor,except as otherwise provided in Sections 9-1.03C, "Records,"and 9-1.09,"Clerical Errors." • If the Contractor within the specified period of 30 days files claims,the Engineer will issue a semifinal estimate in conformance with the proposed final estimate submitted to the Contractor and within 30 days thereafter the State will pay the sum found to be due. The semifinal estimate and corresponding payment shall be conclusive and binding against both parties to the contract on each question relating to the amount of work done and the compensation payable therefor,except insofar as affected by the claims filed within the time and in the manner required hereunder and except as otherwise provided in Sections 9-1.03C, "Records,"and 9-1.09,"Clerical Errors." • Except for claims for overhead costs and administrative disputes that occur after issuance of the proposed final estimate,the Contractor shall only provide the following two items of information for each claim: 1. The exclusive identification number that corresponds to the supporting full and final documentation of potential claim 2. The final amount of requested additional compensation • If the final amount of requested additional compensation is different than the amount of requested compensation included in the full and final documentation of potential claim,the Contractor shall provide in the written statement of claims the reasons for the changed amount, the specific provisions of the contract which support the changed amount, and a statement of the reasons the provisions support and provide a basis for the changed amount. If the Contractor's claim fails to provide an exclusive identification number or if there is a disparity in the provided exclusive identification number, the Engineer will notify the Contractor of the omission or disparity. The Contractor shall have 15 days after receiving notification from the Engineer to correct the omission or disparity. If after the 15 days has elapsed,there is still an omission or disparity of the exclusive identification number assigned to the claim,the Engineer will assign the number. No claim will be considered that has any of the following deficiencies: 1. The claim does not have the same nature,circumstances,and basis as the corresponding full and final documentation of potential claim. 2. The claim does not have a corresponding full and final documentation of potential claim. 3. The claim was not included in the written statement of claims. 4. The Contractor did not comply with applicable notice or protest requirements of Sections 4-1.03, "Changes," 5-1.116, "Differing Site Condition," 8-1.06, "Time of Completion," 8-1.07, "Liquidated Damages," 8-1.10, "Utility and Non-Highway Facilities,"and 9-1.04, "Notice of Potential Claim." • Administrative disputes that occur after issuance of the proposed final estimate shall be included in the Contractor's written statement of claims in sufficient detail to enable the Engineer to ascertain the basis and amounts of those claims. • The Contractor shall keep full and complete records of the costs and additional time incurred for work for which a claim for additional compensation is made. The Engineer or designated claim investigators or auditors shall have access to those records and any other records as may be required by the Engineer to determine the facts or contentions involved in the claims. Failure to permit access to those records shall be sufficient cause for denying the claims. Contract No. 10-OM7104 15