Combined Construction Inc. 7/22/2020

I1 requesting to resolve the dispute through the use of a Disputes Review Board as outlined 2 in the Disputes Review Board section of this Special Provision, or will submit a formal I 3 certified claim directly to the Engineer pursuant to Section 1-09.11(2). If the Contractor 4 requests a Disputes Review Board, the Engineer will notify the Contractor in writing within 5 7 calendar days of receipt of the request whether the request is acceptable. If both parties 6 to the dispute agree to use a Disputes Review Board, then a pay item "Disputes Review 7 Board" will be added to the Contract by change order and the dispute will be subject to 8 the provisions of the Disputes Review Board subsection of this Special Provision. If the I 9 parties do not agree to establish a Disputes Review Board or the Contractor does not 10 request a Disputes Review Board in its written notification of dispute, the Contractor shall 11 comply with the provisions of Section 1-09.11(2). 12 I 13 Regardless of any protest or dispute, the Contractor shall proceed promptly with the Work 14 as the Engineer orders. 15 16 Disputes Review Board 17 The procedures set forth in these Special Provisions shall only apply when the 18 Contract includes the pay item "Disputes Review Board". I 19 20 Disputes Review Board — General 21 In order to assist in the resolution of dispute(s) between the Contracting Agency I 22 and the Contractor arising out of the work of this Contract, a Disputes Review 23 Board, hereinafter called the "Board", will consider disputes referred to it and 24 furnish written recommendations to the Contracting Agency and Contractor to I 25 assist in resolution of the dispute(s). The purpose of the Board response to such 26 issues is to provide nonbinding findings and recommendations designed to 27 expose the disputing parties to an independent view of the dispute. 28 I29 Disputes Eligible for Consideration by the Disputes Review Board 30 The Board shall consider and provide written recommendations concerning the 31 following disputes: I 32 33 1. Interpretation of the Contract. 34 I 35 2. Entitlement to additional compensation and/or time for completion. 36 37 3. Other subjects mutually agreed by the Contracting Agency and I 38 Contractor to be a Board issue. 39 40 Board Member Qualifications I 41 The following definitions apply for the purpose of setting forth experience and 42 disclosure requirements for Board members. 43 44 Financial ties - any ownership interest, loans, receivables or payables. 45 Party directly involved - The Contracting Agency or Contractor of this 46 Contract. 47 I 48 Party indirectly involved -The firms associated with the Contractor on this 49 Contract, including joint venture partners, subcontractors of any tier, and 50 suppliers; and firms associated with the Contractor or the Contracting 51 Agency on this Contract, such as designers, architects, engineers, or other 52 professional service firms or consultants. I MAPLE HEIGHTS BRIDGE SEISMIC RETROFIT PAGE 69 OF 106 SPECIAL PROVISIONS—Addendum 1 WORK ORDER#3693 MAY 4,2020 FEDERAL AID#BHM-2776(008)