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<br /> <br />with the Contract, the Contractor may be <br />relieved offurtherresponsibility for that unit <br />except as otherwise provided in subsection <br />107.16. Partial acceptance shall not void or <br />alter any ofthe terms of the Contract. <br />(b) Final Acceptance. Upon notice from the <br />Contractor of presumptive completion of the <br />entire project, the Engineer will make an <br />inspection. If the work provided for by the <br />Contract has been satisfactorily completed, <br />that inspection shall constitute the final <br />inspection and the Engineer will notify the <br />Contractor in writing of final acceptance <br />indicating the date on which the project was <br />inspected and accepted. <br />If the inspection discloses any unsatisfactory <br />work, the Engineer will give the Contractor the <br />necessary instructions for correcting the work and <br />the Contractor shall immediately comply with these <br />instructions. Upon correction of the work, another <br />inspection will be made which shall constitute the <br />final inspection. If the work has been satisfactorily <br />completed the Engineer will notify the Contractor in <br />writing of the date of final inspection and accep- <br />tance. Final acceptance under this subsection does <br />not waive any legal rights contained in subsection <br />107.21. <br /> <br />105.17 Claims for Contract Adjustments. <br />(a) All claims filed by the Contractor based <br />upon: (1) work or materials not clearly <br />defined in the Contract, (2) extra work not <br />ordered by the Engineer in accordance with <br />subsection 104.03, (3) extensions of time <br />made pursuant to subsection 108.06, or (4) <br />any other cause, resulting in requests for <br />additional compensation or time, shall be <br />governed by this subsection. <br />(b) Upon discovery of any facts which formulate <br />the basis of a potential claim, the Contractor <br />shall give immediate notice thereof to the <br />Project Engineer to enable the Division to <br />obtain its independent evidence of these <br />facts. Said immediate notice may be made <br />either verbally or in writing. <br />Within' seven calendar days after the dis- <br />covery of the facts giving rise to a claim, the <br />Contractor shall formally notify the Project <br />Engineer in writing of his intent to file a <br />claim as defined in subsection 105.17(a). The <br />Contractor's formal notification of intent to <br />file a claim shall describe the contractual <br />and legal basis of the claim and factual <br />evidence supporting the claim. <br />If immediate and formal notifications are <br />not properly given by the Contractor <br />according to these specifications, the Con- <br />tractor shall not be entitled to any additional <br />compensation or extension of time for any <br />cause related to the claim, including any act <br />17 <br /> <br />or failure to act by the Engineer, and the <br />. Contractor shall be barred from asserting <br />any such claim. Any claim based upon any <br />cause, for which prior and formal notifi, <br />cations to file a claim are not properly given <br />by the Contractor, will be considered invalid <br />and will be denied by the Project Engineer on <br />the basis that proper notifications, as re, <br />quired herein, were not given. The Con, <br />tractor's prior and formal notifications of <br />intent to file a claim and subsequent Division <br />acknowledgement of those notifications <br />shall not be construed as proving or substan, <br />tiating the validity of the Contractor's claim <br />as related to the contractual basis of the <br />claim, factual information related to the <br />claim, or cost, or amount of time extension <br />related to the claim. <br />(c) When the Contractor provides immediate <br />and formal notifications of intent to file a <br />claim pursuant to subsection 105.17(b), the <br />claim will be reviewed by the Project <br />Engineer and he will render a written <br />decision to the Contractor to either affirm the <br />claim as valid or deny the claim, in whole or <br />part, in accordance with all contract docu- <br />ments and the following procedure: <br />1. At any time prior to final acceptance of <br />the project, made pursuant to subsection <br />105.16(b), and regardless of what corre, <br />spondence or documents have been pre, <br />viously transmitted, the Contractor shall <br />formally submit to the Project Engineer a <br />complete claim package including a quan- <br />tification of all alleged costs and time <br />impacts, and all supporting documents <br />which represent the final position he <br />wishes to have considered by the <br />Division. The time period within which <br />the Contractor is to provide such written <br />documentation may be extended by the <br />Project Engineer if it is so requested by <br />the Contractor and if, in the opinion of the <br />Project Engineer, such an extension <br />would enhance the claim record and <br />improve the potential for resolution of the <br />claim. If the Contractor fails to provide <br />such written documentation prior to final <br />acceptance of the project, or within an <br />extended time period authorized by the <br />Project Engineer, the Project Engineer <br />will base his decision upon the infor, <br />mation previously submitted in the <br />Contractor's notification of intent to file <br />claim and pertinent specification and <br />contract documents. <br />2. The Project Engineer: (1) will review the <br />information in the Contractor's written <br />notification of intent to file a claim, (2) <br />will review all written documents as sub. <br />