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1 The field inspection will cover all active segments of the work, the BOARD being <br /> 2 accompanied by both STATE and CONTRACTOR personnel. <br /> 3 <br /> 4 Handling of Disputes <br /> 5 When the BOARD receives a written notice of dispute as described in the Standard <br /> 6 Specifications Section 1-09.11, and any modification to that Standard Specification <br /> 7 in the Special Provisions of the construction Contract, it shall reach agreement with <br /> 8 the parties on a time to conduct the hearings. The decision shall be tempered by <br /> 9 the desires and needs of the STATE and the CONTRACTOR. If the matter is not <br /> 10 urgent, it may be scheduled for the time of the next regular visitation to the project. <br /> 11 For an urgent matter, the BOARD shall make every effort to meet at its earliest <br /> 12 convenience. <br /> 13 <br /> 14 The BOARD may also request that written documentation concerning the dispute <br /> 15 be sent to each individual member for study before the hearing begins. A party <br /> 16 furnishing any written documentation to the BOARD must furnish copies of such <br /> 17 information to the other party before the hearing begins. <br /> 18 <br /> 19 Normally, the hearings would be conducted at the job site. However, any location <br /> 20 which would be more convenient and still provide all required facilities and access <br /> 21 to the necessary documentation would be satisfactory. Private sessions of the <br /> 22 BOARD may also be held at a location other than the job site. <br /> 23 <br /> 24 For the hearings on disputes, the Third Party Member or one of the other members <br /> 25 designated by the Third Party Member of the BOARD will act as Chairperson. The <br /> 26 STATE and the CONTRACTOR will have a representative at all hearings. The <br /> 27 claimant will discuss the dispute followed by the other party. Each party will then be <br /> 28 allowed one or more rebuttals until all aspects are thoroughly covered. Each time a <br /> 29 person testifies, the BOARD members may ask questions, seek clarification, or <br /> 30 request further data. The BOARD may request from either party documents or <br /> 31 information which would assist the BOARD in making its findings and <br /> 32 recommendations, including, but not limited to, documents used by the <br /> 33 CONTRACTOR in preparing the bid for this project. A refusal by a party to provide <br /> 34 information requested by the BOARD may be considered by the BOARD in making <br /> 35 its findings and recommendations. In large or complex issues, one or more <br /> 36 additional hearings may be necessary in order to consider all the evidence <br /> 37 presented by both parties. <br /> 38 <br /> 39 During open hearings, no BOARD member should express an opinion concerning <br /> 40 the merit of any facet of the dispute. By the same token, all BOARD deliberations <br /> 41 should be conducted in private, with all interim individual views kept strictly <br /> 42 confidential. <br /> 43 <br /> 44 After the hearings are concluded, the BOARD shall meet in private and reach a <br /> 45 conclusion supported by two or more members. Its findings and recommendations, <br /> 46 together with its reasons shall then be submitted as a written report to both parties. <br /> 47 The recommendations shall be based on the pertinent contract provisions and facts <br /> 48 and circumstances involved in the dispute. The BOARD should make every effort to <br /> 49 reach a unanimous decision. If this proves impossible, the dissenting member may <br /> 50 prepare a minority report. <br /> 51 <br /> II <br /> CITY OF EVERETT <br /> GRAND AVENUE PARK BRIDGE July 2017 <br /> WO#3588 Appendix J-4 <br />