Interwest Construction Inc Dispute Review Bd 12/26/2018

CITY DISPUTES REVIEW BOARD THREE- PARTY AGREEMENT I. Parties A. Department City of Everett B. Contractor Interwest Construction Inc. (ICI) C. Dispute Review Board: Dave Place, Bill Ott, Doug Smith II. Situation A. The Contractor and the Department are now engaged in the construction of the Grand Avenue Park Bridge. B. The Contract provides for the establishment and operation of a Dispute Review Board ("DRB") to assist in resolving Disputes as defined therein. III. Purpose A. The purpose of the DRB is to provide an independent and impartial review of such Disputes as are presented to it and to provide non-binding, written findings and recommendations based on the Contract, applicable contract law, industry practices and the facts presented. It is not the purpose, or the responsibility, of the DRB to resolve the Dispute. That responsibility remains with the Contractor and the Department. However, it is anticipated that the DRB's review and findings and recommendations will assist in the resolution of the matter. IV. Scope of Work The scope of work of the DRB includes, but is not limited to, the following: A. Project Site Visits 1. The DRB member(s) shall visit the project site to keep abreast of construction activities and to become familiar with the work in progress. The frequency, time, and duration of these visits shall be mutually agreed upon among the DRB, the Department, and the Contractor. B. Establish Procedures 1. Operating procedures will be in accordance with WSDOT Standard Specifications and this Agreement, except as modified or altered by mutual agreement of the Contractor and the Department. C. Findings and Recommendations 1. Upon receipt by the DRB of a written Request for Review of a Dispute, either from the Contractor or the Department, the DRB shall schedule a time for presentations by the