Resolution 4756 - Laserfiche WebLink

Port Gardner Bay Outfall Replacement Agreement procedure. Any time period stated herein may be modified by mutual agreement of the Participants. 21.7.2 Disputes that are not solved at a working level shall be referred to the PRT for review and recommendation. The PRT may engage outside experts and facilitators to assist resolution of disputes and such expenses shall be deemed part of the Construction Budget or the Annual O&M Budget. 21.7.3 If the PRT does not resolve a dispute within thirty days (subject to extension by the PRT), either PRT Representative may refer the dispute to senior management. Within ten (10) days after referral by the PRT, each Participant shall designate one senior manager with authority to resolve the matter in dispute. . Upon request,the PRT Representatives shall provide the senior management officials with one or more brief oral or written statement identifying: (a) any material facts at issue (and agreed upon facts, if relevant); (b) any specific provisions of the Agreement at issue; (c)the basis for their positions and the consequences if their position is not accepted; and (d) any alternatives they wish to recommend for consideration. The senior management officials may jointly retain consulting engineers or other experts or facilitators to make recommendations to them, and any costs shall be treated as part of the Construction Budget or Annual O&M Budget. 21.7.4 If the senior management officials cannot reach agreement within twenty (20) days of receiving a referral, they may either initiate: (a) a ten(10) day cooling off period; and/or(b) voluntary non-binding mediation by a mutually agreed-upon mediator. The Participants intend that any mediation process or 40 of 46