Combined Construction Inc. 7/22/2020

1 If the Board's assistance does not lead to resolution of the dispute, the 2 Contractor must file a claim according to Section 1-09.11(2) before seeking 3 any form of judicial relief. 4 5 In the event the Board's recommendations do not lead to resolution of the 6 dispute, the Board's recommendation consisting solely of the Board's I 7 written report and any written minority reports, along with the Board's written 8 clarifications and written responses to requests for reconsideration, if any, 9 will be admissible in any subsequent dispute resolution proceedings 10 including, but not limited to litigation/arbitration. The aforementioned list of 11 documentation shall be considered all inclusive. 12 13 Payment for the Disputes Review Board 14 The Contracting Agency and Contractor shall share equally in the cost of the 15 Board's services and all operating expenses of the Board. The Board members' 16 compensation shall be in accordance with the Three Party Agreement.After the I 17 Contractor and Contracting Agency review invoices from the Board and other 18 operating expenses of the Board, the Contractor shall make full payment for all 19 Board members and Board operating expenses. The Contracting Agency will I 20 reimburse the Contractor for fifty percent of such payments, under the pay item 21 "Disputes Review Board". 22 I 23 The Contractor and the Contracting Agency shall equally bear the cost of the 24 services of the outside expert hired to advise the Board. Outside experts hired 25 to advise the Board shall Contract directly with the Contractor after concurrence 26 from the Board and approval from the Contracting Agency. Invoices for these 27 services shall be submitted by the expert to both the Contractor and Contracting 28 Agency for approval by both parties. The Contractor shall pay approved invoices 29 in full, and the Contracting Agency will reimburse the Contractor for fifty percent 30 of such payments, under the Bid item "Disputes Review Board". 31 32 The cost for securing outside expert services for the Contracting Agency or the I 33 Contractor shall be borne by the party securing such services. 34 35 The Contracting Agency will provide administrative services, such as conference I 36 facilities and copying services, to the Board and the Contracting Agency will bear 37 the costs for these services. 38 39 Indemnification of Disputes Review Board Members 40 The Contracting Agency and Contractor shall indemnify and hold harmless the 41 Board members from and against all claims, damages, losses and expenses, 42 including but not limited to attorney's fees arising out of and resulting from the 43 actions and recommendations of the Board. 44 45 1-09.11(3).RTF I 46 1-09.11(3) Time Limitation and Jurisdiction 47 (November 30, 2018 APWA GSP) 48 49 Revise this section to read: 50 51 For the convenience of the parties to the Contract it is mutually agreed by the parties that I 52 any claims or causes of action which the Contractor has against the Contracting Agency I MAPLE HEIGHTS BRIDGE SEISMIC RETROFIT PAGE 78 OF 106 SPECIAL PROVISIONS—Addendum 1 WORK ORDER#3693 MAY 4,2020 FEDERAL AID#BHM-2776(008)