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�� � ' ` iYPI 4113424 <br />Page 3 of 8 <br />Claims resulting from the DEPARTMENT's portion of the PROJECT. For the <br />purposes of <br />this AGREEMENT, additional work shall be defined as work that is in addition or <br />supplemental to the PROJECT and not necessary to complete the PROJECT as originally <br />intended. For purposes of this AGREEMENT, those matters that shall be defined as <br />claims for which the DEPARTMENT will have the sole discretion to resolve and <br />incorporate within a supplemental agreement, shall include the following: <br />A. Changes or modifications contained in Supplemental Agreements to clarify the <br />plant and specifications of a contract. <br />B. Quantity differences above and below the estimate. <br />C. Changes or modifications to provide for unforeseen work, grade changes or <br />alterations in the plans which could not reasonably have been contemplated or <br />foreseen in the original plans and specifications that are necessary to complete the <br />PROJECT. <br />D. Changes or modifications or change the limits of construction to meet field <br />conditions. <br />E. Changes or modifications to provide a safe and functional connection to an existing <br />pavement. <br />F. To settle contract claims submitted by the contractor. <br />G. Changes or modifications to make the project functionally operational in accordance <br />with the intent of the original contract. <br />H. Changes or modifications to expand the physical limits of the PROJECT only to the <br />extent necessary to make the PROJECT functionally operational in accordance with <br />the intent of the original contract in accordance with Section 337.11(g)(b). <br />5. A review of the PROJECT cost estimate, including construction and CEI services, shall <br />be made by the DEPARTMENT and the COUNTY no less than thirty (30) days prior to <br />the advertisement for construction bids for the PROJECT. In the event the COUNTY and <br />the DEPARTMENT determine that the cost estimate has increased for the PROJECT, the <br />COUNTY shall pay for its increased portion of the PROJECT as described herein to the <br />DEPARTMENT no less than ten (10) days prior to the advertisement for construction <br />bids for the PROJECT. <br />.Vr 7 <br />