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Port Gardner Bay Outfall Replacement Agreement <br /> by K-C with the review and comment of the PRT. For each comment on final <br /> acceptance made by the PRT Representative, K-C or the Construction Contractor <br /> shall either address the condition identified by the PRT or explain the reasons why the <br /> Joint Use Facilities are suitable for final acceptance. <br /> 11.3 Construction Budget <br /> 11.3.1 Construction Budget <br /> The PRT shall establish an initial Construction Budget contemporaneously with the <br /> execution of the construction contract. The initial Construction Budget shall be an <br /> amount equal to the sum of the construction contract, supply and material costs to the <br /> extent not furnished by the Construction Contractor, construction management costs, <br /> capitalized interest and a contingency set by the PRT. A change order for additional cost <br /> approved by the PRT shall constitute an adjustment to the Construction Budget. Any <br /> proposed increase to the Construction Budget that causes the Joint Use Facilities Cost to <br /> exceed Twenty Million Dollars ($20,000,000.00) will require a written amendment to this <br /> Agreement approved by City Council, and K-C management. <br /> 11.3.2 Contractor Claims <br /> 11.3.2.1 In the event of a claim by any contractor or consultant for an equitable <br /> adjustment of price or time, additional cost, or other claim, each <br /> Participant agrees to delay asserting any allegation against the other <br /> regarding allocation of fault, contribution, or cost that could affect the <br /> defense or settlement of the claim and hereby agrees to toll any <br /> applicable statute of limitations during the pendency of the claim. The <br /> 21 of 46 <br />