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1 (August 2, 2010) <br /> 2 Appendix to the Special Provisions Disputes Review Board <br /> 3 Scope of Work <br /> 4 The Scope of Work of the BOARD includes, but is not limited to, the following items of <br /> 5 work: <br /> 6 <br /> 7 BOARD Consideration of Disputes or Claims: Upon mutual request by the <br /> 8 STATE and the CONTRACTOR to review a dispute, the BOARD shall convene to <br /> 9 review and consider the issue. Both the STATE and the CONTRACTOR shall be <br /> 10 given the opportunity to present evidence at these meetings. The time and location <br /> 11 of BOARD meetings shall be determined jointly by the STATE, CONTRACTOR, <br /> 12 and BOARD. It is expressly understood that the BOARD members are to ad <br /> 13 impartially and independently in the consideration of facts and conditions <br /> 14 surrounding any dispute presented by the STATE or the CONTRACTOR and that <br /> 15 the recommendations concerning any such dispute are advisory. <br /> 16 <br /> 17 Procedures: Prior to any hearing involving a contract dispute, the BOARD will <br /> 18 meet with the STATE and the CONTRACTOR to establish the rules and procedures <br /> 19 which will govern the BOARD's participation in the Project as set forth in the <br /> 20 Standard Specifications Section 1-09.11(1) and any modifications to that Standard <br /> 21 Specification in the Special Provisions of the construction contract. In establishing <br /> 22 the rules and procedures, the parties may consider the Suggested Administrative <br /> 23 Procedures included in this Appendix. These Guidelines express in general terms <br /> 24 the policy and concept for the operation of a board and are intended to supplement <br /> 25 the Standard Specifications and any modifications to the Standard Specifications in <br /> 26 the Special Provisions of the construction contract to the extent that no conflict with <br /> 27 such provisions is created. The BOARD may establish any internal rules and <br /> 28 procedures not covered in the AGREEMENT with the STATE and the <br /> 29 CONTRACTOR. <br /> 30 <br /> 31 Furnishing Documents: The STATE will furnish to the BOARD three copies of the <br /> 32 contract and other documents, which are or may become pertinent to the activities <br /> 33 of the BOARD. The CONTRACTOR shall furnish to the BOARD three sets of <br /> 34 documents, which are or may become pertinent to the activities of the BOARD, <br /> 35 except documents furnished by STATE. <br /> 36 <br /> 37 Construction Site Visits: The BOARD members shall visit the project site to keep <br /> 38 abreast of construction activities and to develop a familiarity of the work in <br /> 39 progress. The frequency, exact time, and duration of these visits shall be as <br /> 40 mutually agreed between the STATE, the CONTRACTOR, and the BOARD. <br /> 41 <br /> 42 Findings and Recommendations: The BOAR D's recommendations resulting <br /> 43 from its consideration of a dispute shall be furnished in writing to the STATE and <br /> 44 the CONTRACTOR. The recommendations shall be based on the construction <br /> 45 contract provisions and the facts and circumstances involved in the dispute. In the <br /> 46 event the BOARD's recommendations do not lead to resolution of the dispute, all <br /> 47 BOARD records and written recommendations, including any minority reports, will <br /> 48 be admissible as evidence in any subsequent litigation. <br /> 49 <br /> CITY OF EVERETT <br /> GRAND AVENUE PARK BRIDGE July 2017 <br /> WO#3588 Appendix J—1 <br />