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1 standby list, then the Board may be immediately seated with the execution of a <br /> 2 task order under the corresponding standby agreement. Should the first two <br /> 3 members decide to select a third member not on the list of standby candidates, <br /> 4 then the selected person will be accepted to the Board after he or she <br /> 5 executes a standby agreement (Third Party Member Disputes Review Board <br /> 6 Consultant Agreement). The acceptable format for this agreement and all <br /> 7 accompanying exhibits may be obtained by contacting WSDOT Consulting <br /> 8 Services at <br /> 9 http://www.wsdot.wa.gov/Business/Consulting/Agreements/DisputesReview or <br /> 10 may be obtained from the Project Engineer. The fee for the third member shall <br /> 11 be included in a task order, issued by the Project Engineer, after the third <br /> 12 member standby agreement is fully executed. <br /> 13 <br /> 14 In the event of an impasse in selection of the third member, either the <br /> 15 Contracting Agency or the Contractor or both may appeal to the Thurston <br /> 16 County Superior Court for selection of a third member by the court from a list <br /> 17 or lists submitted to the court by the Contracting Agency and/or the Contractor. <br /> 18 An impasse shall be considered to have been reached if the two members <br /> 19 appointed by the Contracting Agency and the Contractor to the Board have <br /> 20 been unable to appoint the third member in a period of 60 calendar days after • <br /> 21 the approval of the last of such two members. <br /> 22 <br /> 23 In case a member of the Board needs to be replaced, the replacement <br /> 24 member will be appointed in the same manner as the replaced member was <br /> 25 appointed. The appointment of a replacement Board member will begin <br /> 26 promptly upon determination of the need for replacement and shall be <br /> 27 completed within 30 calendar days. <br /> 28 • <br /> 29 Service of a Board member may be terminated at any time with not less than <br /> 30 30 calendar days notice as follows: • <br /> 31 <br /> 32 1. The Contracting Agency may terminate service of the Contracting <br /> 33 Agency appointed member. <br /> 34 <br /> 35 2. The Contractor may terminate service of the Contractor appointed <br /> 36 member. <br /> 37 <br /> 38 3. The third member's services may be terminated by agreement of the <br /> 39 other two members. <br /> 40 <br /> 41 4. By resignation of the member. <br /> 42 <br /> 43 Termination of a member will be followed by appointment of a substitute as <br /> 44 specified above. <br /> 45 <br /> 46 No member shall have a financial interest in the Contract, except for payments <br /> 47 for services on the Board. The Contracting Agency-selected member and the <br /> 48 Contractor-selected member shall not have been employed by the party who <br /> 49 selected them within a period of 1-year; except that, service as a member of <br /> 50 other Disputes Review Boards on other contracts will not preclude a member <br /> 51 from serving on the Board for this Contract. <br /> 52 <br /> CITY OF EVERETT <br /> GRAND AVENUE PARK BRIDGE July 2017 <br /> WO#3588 S87 <br />