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G 1 2 (August 2, 2010 WSDOT GSP) 3 In order to assist in the resolution of disputes arising out of the work of this project, 4 the Contract provides for the establishment of a Disputes Review Board (DRB), 5 hereinafter called the "Board." The Board is created as part of the disputes 6 resolution process to be utilized when normal Contracting Agency-Contractor 7 dispute resolution is unsuccessful and prior to the filing of a Section 1-09.11(2) 8 claim. 9 10 The Board will consider disputes referred to it and furnish recommendations to the 11 Contracting Agency and Contractor to assist in the resolution of the differences 12 between them. The purpose of the Board response to such issues is to provide 13 nonbinding findings and recommendations designed to expose the disputing parties 14 to an independent view of the dispute. 15 16 The Board members will be trained in disputes resolution or have experience in 17 disputes resolution, and be knowledgeable in the type of construction involved in 18 the Project and shall discharge their responsibilities impartially and independently 19 considering the facts and conditions related to the matters under consideration and 20 the provisions of the Contract. 21 22 Disputes Review Board Membership 23 24 Section 1-09.11(1)A is deleted and replaced with the following: 25 26 (April 4, 2011 WSDOT GSP) = 27 The Board shall consist of one member selected by the Contracting Agency 28 and one member selected by the Contractor, with these two members to select • 29 the third member. The first two members shall be mutually acceptable to both A 30 the Contracting Agency and the Contractor. If one or both of the two members 31 selected are not acceptable to the Contracting Agency or Contractor, another 32 selection shall be made. 33 34 The Contracting Agency and Contractor shall each select a member and 35 negotiate an agreement, separate and apart from this contract, with their 36 respective Board member within the first 60 calendar days after execution of 37 the contract. 38 I 39 The agreements with these two Board members shall contain language 40 imposing the "Scope of Work" and "Suggested Administrative Procedures" 41 included in the Appendix to these Special Provisions. These negotiated t 42 agreements shall also include clauses that require the respective selected 43 members to immediately pursue selection of a third member. The goal is to 44 obtain a third Board member who will complement the first two by furnishing a 1. 45 needed expertise,which will facilitate the Board's operations. 46 47 The Contracting Agency has entered into "standby" agreements with a number 48 of potential third members. The qualifications of these potential members have 49 been reviewed and deemed acceptable by both the State of Washington 50 Department of Transportation and the Associated General Contractors of 1 51 Washington. The names of these potential members will be provided to the 52 first two members for consideration. If a selection can be made from the CITY OF EVERETr GRAND AVENUE PARK BRIDGE July 2617 WO#3588 S86