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1 procedures outlined in 1-04.5, then the Board will consider the matter in 2 dispute and provide recommendations concerning: 3 4 1. The interpretation of the Contract. 5 6 2. Entitlement to additional compensation or time for performance 7 8 3. Other subjects mutually agreed by the Contracting Agency and 9 Contractor to be a Board issue. 10 11 Procedure for Consideration of Disputes 12 1. Once a protest has been denied as described in Section 1-04.5, the Board 13 members will be contacted and advised of the existence of the dispute. A 14 hearing will be scheduled to be conducted at the next regular project visit 15 or at such other time, as agreed to by the parties. 16 17 2. The Contractor and the Contracting Agency shall each be afforded an 18 opportunity to be heard by the Board and to offer evidence. Either party 19 furnishing any written evidence or documentation to the Board must 20 furnish copies of such information to the other party a minimum of 15 21 calendar days prior to the date the Board sets to convene the hearing for 22 the dispute. Either party shall produce such additional evidence as the 23 Board may deem necessary to an understanding and determination of the 24 dispute and furnish copies to the other party. 25 26 3. After the hearing is concluded, the Board shall meet in private and reach a 27 conclusion supported by two or more members. Its findings and 28 recommendations, together with its reasons shall then be submitted as a 29 written report to both parties. The recommendations shall be based on 30 the pertinent contract provisions and facts and circumstances involved in 31 the dispute. The Contract shall be interpreted and construed in 32 accordance with the laws of the State of Washington. The Board shall 33 make every effort to reach a unanimous decision. If this proves 34 impossible, the dissenting member may prepare a minority report. 35 36 4. Within 30 calendar days of receiving the Board recommendations, both 37 the Contracting Agency and the Contractor shall respond to the other in 38 writing signifying that the dispute is either resolved or remains unresolved. 39 Although both parties should place weight upon the Board 40 recommendations, the recommendations are not binding. 41 42 In the event the Board's recommendations do not lead to resolution of the 43 dispute, all Board records and written recommendations, including any minority 44 reports, will be admissible as evidence in any subsequent litigation. 45 46 if the Board's assistance does not lead to resolution of the dispute, the 47 Contractor must file a claim according to Section 1-09.11(2) before seeking 48 any form of judicial relief. 49 CITY OF EVERETT GRAND AVENUE PARK BRIDGE July 2017 WO#.3588 889