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HomeMy WebLinkAbout3335 (2) RESOLUTION NO. 3 3 3 5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF AUBURN, WILLIAM BASS, JOHN BEYER, WILLIAM OTT, AND ROBISON CONSTRUCTION INC.. FOR THE PURPOSE OF ESTABLISHING A DISPUTE REVIEW BOARD FOR THE 3RD STREET SW GRADE SEPARATION PROJECT (PR529). WHEREAS, the City has executed a construction contract with Robison construction Inc. for the construction of the 3`d Street SW Grade Separation Project; and 1NHEREAS, the City has executed a change order to that construction contract authorizing the establishment of a Dispute Review Board for the projecf; and WHEREAS, the City has sele.cted John Beyer as the City's appointed member of the Board and executed a consultant agreement; and WHEREAS, the Robison Construcfion Inc. has selected William Ott as the Contrac.tors appointed member; and WHEREAS, John Beyer and W'illiam Ott have selected William Bass as the 3rd Party member; and WHEREAS, an agreement befinieen all members, the City and Robison Construction Inc. is required to establish the Dispute Review Board for the Project; -------------------------- Resolution No. 3335 March 6, 2001 Page 1 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, _ _ WASHINGTON, IN A REGULAR WIEETING DULY ASSEMBLED, HEREWITH RESOLVES THAT: Section 1. The Mayor and City Clerk of the City of Au6um, Washington are herewith authorized to execute a Three Rarty Agreement b.etween the City of Aubum, John Beyer, William Ott, William Bass and Robison Construction Inc. for the establishment of the Dispute Review Board and for the Professional Services of the 3rd Party Member, William Bass. A copy of said Agreeme.nt is attached hereto and denominated as Exhibit "1": _ _ . _ .... _ __ _ _ Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the clirectives of this Iegislation, �,lZl3 � � r�l DATED and signedthis��day of� 2001. �1� � . (��� CMARLES A. BOOTH Mayor ATTEST: �, D" ielle E. Daskam City Clerk Resolution No 3335 March 6, 2001 Page 2 A OVED A TO FORM: Michael J. Reynolds City Attorney Resolution No. 3335 March 6, 2001 Page 3 K' • PR 529, 3'" Street SW Grade Separation Project DISPUTES REVIEW BOARD THREE PARTY AGREEMENT THIS T REE PArtTY AGREEMENT, hereinaftercalled "AGREEMENT", made and entered into this,�day of fl rr�, 2001, between the City of Aubum, Washington, a municipal corporation; hereinafter called the "CITY"; the Robison Construction-Ina_. , hereinafter called the"CONTRACTOR"; and the Disputes ReView Board, tiereinafter called the"BOARD", and consisting of three members: Jofin Bever . W'illiam_Ott— _ . and William Bass . WITNESSETH, that WHEREAS, the CITY is now engaged in the construction of PR 529, 3'" StreeYSW Grade Separation Project;and WHEREAS, the BOARD is composed ofthree members, one selected by the CIN, one selected.by the CONTRACTOR, and tFie third member selected by mutua(agreement of these two; - NOW THEREFORE, in consideration of the terms, cooditions, covenants, and pertormance contained herein, or attached and incorporated and made a part hereof, the parties hereto agree as follows: I DESCRIPTION OF WORK In orderto assisYin fhe resolution of disputes and claims between the GONTRAGTOR and the GITY, the CITY has proVided, in the PR 529, 3rd Street SW Grade Separation Project conVact, for the establishment.of the BOARD. The purpose of the BOARD is to fairly and impartially consider disputes placed before it and provide written recommendaUons for resolu4ion of these disputes to both the CITY and the CON'fRACTOR. The members of this BOARD, shall perform the engineering services necessary to participate in the BOARD's adions as designated in Section II, Scope of Work. II SCOPE OF WORK The Scope of Work of the BOARD includes, 6ut is not limite.d to, fhe following items of work: A. Procedures After selec4ion of the third BOARD member and prior to consideration of an appeal,the BOARD shall establ'ish rules thatwill govem the conduct of its business and reporting procedures based on the Guidelines, attached as an Appendix to thisAGREEMEN'f. The BOARD recommendations, resulting from AG�C•XXX�Three Party Apreement � PR;529.�3'�Street SW Grade Sepa(epon ProJect - , , , _ their consideration of a dispute orclaim, shall be fumished in writing to the CITY �I and the CONTRACTOR. The recommendations shall be based on the pertinent contract proyisions, and the factsand circumstances involved in the dispute. B: Fumishing Documents The C17Y shall fumish to the BOARD three copies of the Contract and othgr documents which are or may become pertinent to the activities of the BOARD. The CONTRACTOR shall furnishto the BOARD three sets of documents which are or may become pertinent to the acti4ities of Yhe BOARD, except documents fumished by CITY. A parly fumishing any written documentation to the BOARD mu§t fumish copies of such information to the other party before the hearing begins. G. Cons4ruction Site Visits The BOARD members shall visit the project site to keep abreast of constructio.n activities and to develop a familiarity of the work in progress. The frequency, exact 6me, and du�ation of these visits shail be as mutually agreed between the CITY, the CONTRACTOR, and the BOARD. D. BOARD Consideration of Disputes or Claims Upon receipt by the BOARD of a written appeal of a dispute, from either the CONTRAGTOR or the GI1Y, when both parties agree to move the issue to the BOARD, the BOARD shall convene to review:and consider 4he appeal. The time and location of BOARD meetings shall tie determined tiy the GITY, the CONTRAGTOR, and the BOARD. Both the CITY and GONTRACTOR shall 6e given the opportunity to present their eyidence at these meetings. It is expressly understood that the BOARD members are to act impartially and independentiy in the consideration of the contract provisions, and 4he facts and conditions surrounding any written appeal presented by the CITY or the CONTRACTOR, and that the recommendations concerning any such appeal are advisory. Either the GITY or the CONTRACTOR may appeal a recommendation to the BOARD for reconsidera4ion. However, reconsideration will only be allowed when there is new evidence to present. E. BOARD Member Replacement Should the need arise to appoint a replacement BOARD member, the replacement BOARD member shall b:e appointed in the same manneras the original BOARD members were appointed. The selection of replacement BOARD mem6er shall begin promptly upon no4ifcation of the necessity for a replacement and shall be completed within 30 calendar days. The AGREEMENT will be supplemente.d to indicate change in BOARD membership. AG�C-l(XX Three ParEy.Agreemant - - 2 PR'S39,3'�Street SW Grade Separetion ProJect . m CONTRACTOR RESPONSIBILITY _ _. .. .. The CONTRACTOR shall fumish to each BOARD member, one copy of all pertinent _ . __ .. documents which are or may become necessary forthe BOARD to pe�form 4heir function. Rertinent d.ocuments are any drawings or sketches, calculations; procedu[es, schedules, estimates, o�other documents which are used in fhe pertormance of the work or in justifying or substantiating the GONTRACTOR's position. A copy of such pertinent documents mustalso be fumished to the CITY. IV CITY RESPONSIBILITIES The CITY shall fumish the following services and items: A. ContracY Related Documents The CITY shall fumish the BOARD three copies of the PR 529, 3rd Street SW Grade Separation Project contract, change orders, written instructions issued by the CITY to the CONTRACTOR, or othe�documents pertinent to the performance of the contract and therefore, necessary for the BOARD to perFo�m their function. B. Cooriiination and Services The CITY's Project Engineer for the PR 529, 3"d Street SW Grade Separation Project will, in cooperation with the CONTRACTOR, coordinate the operations of the BOARD. The CITY, through the Project Engineer,will arrange or provide conference facilitiesat or near the contract site and provide secretarial and copying services. C. BOARD Cost Records The CITY will maintain complete cost reoords for the CITY and CONTRACTOR shared expenses of the BOARD and these records will be ayailable for inspection by the CONTRACTOR. These expenses include the third members wages and travel expense, local lodging:and subsistence for all BOARD members, and direct costs associated with BOARD operations, ExGuded from these records are the wages and travel expenses of the CITY and CONTRACTOR selected members of the BOARD. V TIME FORBEGINNING AND COMPLETION The BOARD is to be in operation throughout the life of the PR 529, 3`° Street SW Grade Separation Project constFuction contract To establish a firm comp.letion date, July 31;2002 is the date for completion of all work ofthis AGREEMENT. Should the construcGon contract end earlier, this AGREEMENT may be terminated under terms of Secfion VIIi, Termination of Agreement. Should the construction contract continue beyond July 31,2002 or the work AGC-XXX,Three Party Agreeme�H - 3 � PR 529,3f°�Street SW Grade.Separatlon Project - anticipated for the BOARD by this AGREEMENT not be completed by that date, a Supplemental Agreement will be negotiated and`executed to extend the completion date. _. - - The BOARD members shall not begin any work under the terms of this AGREEMENT until authorized in writing by the Gll`Y. VI PAYMENT The BOARD members shall be paid by the CITY and the CONTRACTOR for services rendered under this AGREEMEIVT as p�ovided hereinafter: Such Payments shall be full compensation for work performed or services rendered, and forall labor,materials, supplies, equipment, and incidentals ne.ce"ssa_ryto fhe operation of the BOARD. The BOARD members shall comply with all applicable portions of 48 CFR 31. A. All Inclusive Rate Payment L Fee - CITY and CONTRACTOR Appointed Members Payment for services rendered as CITY and CONTRACTOR members of the BOARD, will be at the respective rates agreed to between the CITY and CONTRACTOR-and 4heirrespectiye BOARD members. Payment shall be made under separate agreement 6etween the respective paRies __ . . _. . . and shall include travel expense from the BOARD member's point-of- origin to the initial loc2l point of arrival, such as,Aubum, WA. 2. Fee -Thi�d Appointed Member Fayment for services rendered as a member of the BOARD shall be at the hourly billing rate o.f$150.00 ineluding travel time not to ezceed $1,500.00 per day. TFiis hourly rate includes.all direct.laborcosts, overhead, and profit. Subsequent changes in the billing rate must be authorized tiy a Supplemental Agreement. 3. Direct Non-Salary Gosts Direct non-salary cosfs will be reimbursed at the actual cost to the BOARD members; except for the non-local travel by the CITY and CONTRACTOR appointed me.mbers; which isseparately compensated. Direct non-salary charges may include; travel,printing, long distance telephone, supplies, etc. Automo6ile mileage will be �eimbursed at the rate in effect at the time the trip.is take,n,and shall be supported bythe date and time of each trip with origin and destination of such trips. The cur[ent rate is_34.5 cents per mile which will remain in effect until cFfanged in writing by the CITY. The billing fo�non-salary cost, directly identifiable with the projec4;shall be an itemized listing of the cha�ges 'supported by the original biils, invoices, expense accounts, and miscellaneous supporting data retained by the BOARD member. Copies of the original supporting documents shall be supplied to the CITY upon request. AG-C-XXX�Three Party Agreement 4 PR 529;�3 -Street SW Gretle Separetion Project 4. Maximum Total Amount Payable ' The maximum total amount payable under this AGREEMENT, for the third member's fee and travel cos4s and the BOARD's direct nonsalary costs shall not exceed Twentv FiVe Thousand Dollars ($25.000.00), unless a prior Supplemental Agreement has been negotiated and executed bythe CITY. B. Payments The BOARD members maysubmit invoices to the CITY and the CONTRACTOR at 50% each for partial payment of work completed not more often than once per month during the progress of the work. Such invoices shall be in a fortnat approved by the CITY and the CONTRACTOR and accompanied 6y a general description of activities performed during fhat billing period. The value of the work accomplished for partial payment shall be establisFied by the billing from 4he BOARD member, itemizing direct payroll for the third BOARD member, and direct non-safary costs for all tHree BOARD membecs. G. Inspection of Costs Records The BOARD members shall keep available for inspection by representa4ives of the CITY, State, and the Un'ited $tates, fora period of three years after finaf payment, the cost records and accounts pertaining to this AGREEMENT. If any litigation, claim, or audit arising ouf of, in connection with, orrelated to this contract is initiated before the expiration of the three-year Period, the cost records and accounts shall be retained until sucli litigation, claim, or audit involving the records is completed. VII ASSIGNMENT OF TASKS OF WORK The BOARD members shall not assigh any of the work of this AGREEMENT. VIII TERMINATION OF AGREEMENT The parties to this AGREEMENT mutually agree that this AGREEMENT may be terminated at any time upon not less tha_n 30 calendar days written notice to the other parties. BOARD members may withdraw f�om the BOARD by proyiding such notice: BOARD members may be terminated forcause only by their original appointor, therefore, the CITY may only terminate the CITY appointed member, the CONTRACTOR may only terminate the CONTRAGTOR appointed member, and the first two members must agree toterrninate the third member. IX LEGAL RELATIONS The parties hereto mutually understand and agree that the BOARD member in the performance of duties on the BOARD, is acting in the capacity of an'independent agent and not as an employee of either the CITY or the CONTRACTOR, AG-C-XXX.TYiree Party Agreement 5 PR 529,3'�Sfreet SW Grade�Separa;lon,ProJect _ . No parly to fhis AGREEMENT shall bear a greater responsibility for damages or personal injury than is normally provided by Federal and/or State of Washington Law. The CITY and CONTRACTOR shall indemnify and hold Fiarmless the BOARD members from and against all claims, damages, losses, and expenses, including but not limited to attomey's fees arising out of and resulting from the actions and recommendations of the BOARD. X DISPUTES Any dispute between the parties hereto, arising out of the work or other terms of this AGREEMENT; which cannot be resolved by negotia6onand mutual concurrence between the parties, shall be referred to the Superior Court of the State of Washington in King County, Kent Regional Justice Center, as provided in Section.Xl, Venue, Applicable Law, and Personal Jurisdiction. XI VENUE, APPLICABLE LAW, AND P-ERSONAL JURISDICTION In the event.that any party deems it necessary to institute legal action orproceedings to enforce any right or obligation under this AGREEMENT, the parfies hereto;agree that any such action shall be.initiated in the Superior Coud of the State of Washington, situated in King County. The paRieshereto agree that all questions shall be resolved by application of Washington law and that the parties to such action.shall have the right of app.eal from such decisions of the Superior Court in accordancewith the laws of the State of Washington..The BOARD member hereby consents to the personal jurisdiction of 4he Superior Court of the State of Washington, situated in King County. XII FEDERAL REVIEW The Federal Highway Administration and/or the Washington State Department of Transportation shall have the right to review the work in progress. AG�-J00( Tliree Party Agreement . 6 ' ' PR d29,3'��Street SW Grade�Separatlan.ProJeG � _ XIII CERTIFICATION OF THE BOARD MEMBERS AND THE CITY Attached hereto as Exhibit"A" is the"CERTIFICATION OF THE CONTRACTOR/BOARD MEMBERS", the"CERTIFICATION OF CITY", and the "CERTIFICATION OF BOARD MEMBERS". IN WITNESS WHEREOF, the parties hereto have exec.uted this AGREEMENT as of the day and year first above written. BOARD E BER BOARD MEMBER By: _ ___ IM� sy> r/��v 3— t�-o/ Title: J hn Bevec Citv Member Title: William Ott. Contractor Member BOARD MEMBER By: �s'2'ke� Title: William Bass. 3'd Partv Member / CONTRA CITY OF AUBURN By: By: l�'�YAOd 9��(�d R�_I�oa 1h Title; �./� Title: Mavor _ APP VED AS TO RM ONLY THIS � 1� p 1 Michael J. Reynol s City Attomey AG-C-XXX Three Party AgreemeM T PR�.529;3'�Street SW Grade Separetion Project - _ EXHIBIT A (Page 1) CERTIFICATION OF CONTRACTOR/BOARD MEMBERS The undersigned hereby certify that they represent the firtn located at the indicated address and that neither the undersigned nor the firm represented has: (a) employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firrn or person (other than a bona fide employee working solely for me or the firm indicated below) to solicit or secure this AGREEMENT; or (b) agreed, as an express or implied condition for obtaining this contract, tb employ or retain the services of any firtn or Person in connection with carrying out this AGREEMENT; or (c) paid, or agreed to pay, to any firm, organization or person (o4her than a bona fide employee work"rng solely forme or the fiFm indicated below) any fee, contribution, donation, or cbnsideration of any kind for, or in connection with; procuring or carrying out this AGREEMENT; ezcept as here expressly stated (if any): I acknowledgethat this certification'is to be fumished to the City of Aubum, State Department of Transportation and the Federal Highway Administration, U.S. Department of Transportation, in �nnection with this agreement involving participation of Federal-aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. John Bever William Ott Name Name Badaer Consultinq Services William P_...Ott Firrn.Represented Firm Represented 1319 Dexter Ave. No., Su'ite 380 129 E. Lk. Sammamish Shore Line N.E. Seattle.Wa 98109 Sammamish..WA 980Z4 ir Addr ss Firm Address 1� G%�i°i%U�'/ 3 `/7-�/ ignature Date Signature Date William Bass - - Name Name Bass Associates. Ina Robison Gonstruction Inc. Firtn Represented Firm Represented 9805 NE 116'" Street, Ste 7414 PO Box 1730 Kirkland. Wa 98034=4245 Sumner 8 0 '� - - -- Firtn Address Fi e ��/�� �r��e� _ D3 i�o/ �Sign ture Date Si ature Date AG�C-XXX Three PaRy Agreament 8 -PR 529,�3'�Stree;SW G'ade Separatiqn Project . EXHIBIT A (Page 2) CERTIFICATION OF CITY I hereby certify that I am the Mavor of the City of Auburn, and that the above consulting firm or the representative of the consulting firm has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this AGF2EEMENT to: (a) employ or retain;or agree to employ or retain, any firm or person; or (b) pay, or agree to pay, to any firtn, person, or organization, any fee, contribution, donation, or consideration of any kind; except as here expressly stated (if any): I acknowledge 4hat this certificate is to be fumished to ttie Washington State Department of Transportation and Federal Highway Administration, U.S. pepartment ofTransportation, in connection with this AGREEMENT involving participation of Federalaid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. � -o ��� �. 1(� _ - ( ate) (Signature) A OVED TO F RM: Michael J. eyiiolds - City Attorney AG-C-XXX Three:Party Agreement � 9 PR.529,9'�SVeef SYV Grede Separetlon ProJect � , EXHIBIT A(Page 3) I� CERTIFICATION OF BOARD MEMBERS The undersigned hereby certiiy that they represent the firtn located at the indicateiJ address and that the undersigned and'the frrn represented, being duly sworn or under penalty of perjury under the laws of the United States, certify that, ezcept as noted below, the fi.rtn, association or corporafion orany person in a controlling capacity associated therewith or any position irivolving the adminisVation of federal funds: (a) is not curcently under suspension, debarment, voluntary exclusion, or detertnination of ineligibility tiy any federal agency; (b) has not been suspended, debaRed, v.oluntarily excluded or determined inetigible by any federal agency within the past 3 years; (c) does not have a proposed debarment pending: and (d) has not been indicted, conVicted, or had a civ'il judgment rendered against said person, frm, association orcorporation by a court ofcompetentjurisdiction in any matter involVing fraud oroffcial misconduct within the past3years: Exceptions will not necessarily result in denial of a,ward, but will be considered in determining bidder responsibility. For any exception noteil; indicate below to whom it applies, initiating agency, and dates of action. Providing false information may result in criminal prosecution or administrative:sanctions. I acknowledge that this certifica4ion is to be fumished to the City of Auburn, State Department of T�ansportation and the Federal Highway Administration, U.S. Department of Transportation, in connection with 4his agreement invoiving participation of Federal-aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil: Jolin BeVer __ William Ott Name Name Badaer.Consulfinq.Services ___ William P. Ott Frm Represented Firm Represented 1319 Dexfer Aye. No., Suite 380 129 E. Lk. Sammamish Shore Line N.E. Seattle. Wa 98109 Sammamish WA 98074 - - F' ddre s Firm Address 111 B� --C��i�e'U�/ 3 -/7-0/ Si nature Date Signature Date William Bass Name Bass Associates. Inc. Firtn Represented 9805 NE 116'"SVeet, Ste 7414 Kirkland.Wa 98034-4245 Firm Address �"l�y� .�/i�/oi Signa ure Date AGC•XlIX Three Party AgreemeM 70 PR�528;3'�Street SW Grade Sepa2Uon Project Appendix B PR 529, 3ro Street SW Grade $eparafion Proje.ct DISPUTES REVIEW BOARD GUIDELINES DBJECTIVE The principal objectiye of the BOARD is to assist in the resolution of disputes which would othervvise tie likely submitted to litigation processes: If this objective is achieved, such disputes can be resolved promptly; with minimum expense, and with minimum disruption to the administration and performance of the work, It is not intended forthe CITY or the CONTRACTOR to default on tfieir nomial responsibility to amicably and fairly settle their differences by indis.criminately assigning them to the BOARD. It is intended that the mere existence of the.BOARD will encou�age the CITY and the CONTRACTOR to resolve potential disputes without resorting to this appeal procedure. But when a dispute which is s.erious enough to warrant the BOARD's review does develop, thg machinery for prompt and efficient action will already be in place. RESPONSIBILITY OF THE BOARD Render findings and recommendations on claims or disputes between the CONTRACTOR and fhe CITY arising frorii the construction contract. Primarily, the BOARD will consider claims and disputes involving interpretation of the Plans and Specifications, delays; acceleration of the work, scheduling, classification of extra work, changed conditions, design cHanges, and the like. During its regutar visits to the job site, the BOARD will encourage the settlement of differences at the job leveL The BOARD will refrain from offcially giving any advice or consultaGve services to either party. The indiyidual members will act in a completely independent manner and will have no consultative or business connections with either party. During routine meetings of the BOARD as well as during formal hearings, BOARD members should refrain from expressing opinions on fhe merits of statements on matters under dispute orpotgntial dispute. Opinions of BOARD members expressed in private sessions should be kept strictly confidential, The BOARD member setected by the first two will act as Chairman for all BOARD meetings. REGULAR BOARD CONSTRUCTION PROGRESS MEETINGS All regular meetings will be held at or near the job site. The frequency ofregular meetings will be set by the BOARD from time to time, consistent with the construction activities and fhe matters under consideration and dispute. Each meeting will consist of a round table discussion and a field inspection of the work being peifiormed on that contract: The round table discussion will be conducted by a member of the CITY's staff and will be attended tiy selected personnel from the CITY and the CONTRACTOR. The<agenda will generally b.e as follows; a. Mee#ing opened by the Chairman of the BOARD. b. Remarks bythe CITY's field representative. c. A description by the CONTRACTOR's field representative of wo.rk AGGXXXd Three PaRy Agreeme�rt � PR 529,3' Street SW Grade Separatlon Projeet �'� � accomplished since the last meeting; 4he current.sta4us of the work, schedule=wise; and a forecast for the coming period. d. An ouUine by 4he CONTRACTOR's field representative of poten#ial problems and a desoription of proposed solutions. e. An outline bythe CITY's Project Engineer of the status of the work as the Project Engineer views it. f: A brief description by the CONTRACTOR or CITY of potential claims or disp.utes which have surfaced since the last meeting. g. A summary by thg GITY, the CONTRACTOR, or the BOARD of the status of past disputes and claims. The CITY will prepare minutes of all regularmeetings and circulate them for revision and approval by all concemed. The field inspection will cover all active segments of the work, the BOARD being accompanied by both CITY and CONTRACTOR personnel or agents. HANDLING OF WRITTEN,APPEALS When a written appeal is refeRed to the BOARD, it shall, first, decide when to conduct the hearings. The decision shall be tempered by the desires and needs of the CIN and the CONTRACTOR. If the matter is not urgent, it may be scheduledfior Yhe time of thg.next.regular visitation to the project, For an urgent matter, the BOARD should meet at its earliest convenience. The BOARD may also request that written documentation and argumenfs from both parties be sent to each individual member for study b:efore the hearing begins. A party fumishing any written documentation to the BOARD must furnish copies of such information to the other party before the hearing begins. Normally, the hearings would be conducted at the job site. However; any location which would be more convenient and still provide all required facilities and access to necessa.ry documentation would be satisfactory. Private sessions of the BOARD may also be held at a location other than the job site. The CITY and the CONTRACTOR shall have a representative at ail hearing5. Tlie claimant will discuss the dispute foliowed by the othe.r party. Each parry will then be allowed one or more rebuttals until all aspects are thoroughly covered. Each time a person testifies, the BOARD members may ask questio,ns, seek clarification; or request further data. The BOARD may request from either party documents or information that would assis.t the BOARD in making its fndings and recommendations including, but not limited to, documents u§ed 6y the CONTBACTOR in preparing fhe bid for 4his projecf. A, refusal by a party to provide information requested 6y the BOARD may be considered by the BOARD in making it findings and recommsndations. In large or complex cases; ong or more additional hearings may be necessary in order to corisiderall tfie eViiience presented by both parties. During open hearings, no BOARD member should express an opinion conceming fhe merit of any facet ofthe case. By the same token, all BOARD deliberations should be conducted in private, with all interim indididual views kept strictly confidential. AG-C-)00C�Three Party AgreemeM PR 529,3 Street SW Grade Separotion Pro)ect 1-2 After the hearings are concluded, fhe BOARD shall meet in private and reach a conclusion supported by two or more members. Itsfindings and recommendations, together with its reasons shall then be submitted as a written report to both parties. l'he recommendations shall be based on the pertinent contract provisio.ns and facts and circumstances involved in the dispute. The BOARD should make every effort to reach a unanimous decision. If a unanimous decision cannot be obtained, the dissenting member may prepare a minority report. Although both parties.should place weight upon the BOARD's [ewmmendations, they are not binding. Ei4herparty may appeal a recommendation to the BOARD for reconsideration. However, reconsideration's should only be allow"ed when there is new evidence to present. If the BOARD's recommendations do not resolve the dispute, all records, and written recommendations, including any minor'ity repoRs, may be admissible as evidence in any subsequent litigation. MISCELLANEOUS It is not desirable to adopt hard and fast rules for the functioning of the BOARD. The entire procedure should be kept flexible so that it can adapt to changing situations. The BOARD should initiate, with the other paRies' concurrence, new rules or modifications to old ones whenever this is deemed necessary. AG-C-XXX Three Party'AgreemeM PR 528,3'��Street SW Grade Separation ProJect 1•3 _ c��+ ac.�s ticJ-ticY-urY7 M nNJJ WJrvlrWvr rF1Ut bL 1 . • - . . '� �ASS ASSOCIATE$, XNC. _ _ _ _ _ � COI�6TRUCTNNP7DUS7AYOONSUGTAF7I5 � � � - 9605 N.E 116m 54uer•�Sie 74I� Cwµs•DRB•VE- ICou�,w4 WtiwmwTon 960.14�4245 �"T��"•.�"TON . � (925)4LY4700•Fnx(425)424-0745 CwarAi+cra��Mnruc�uiT ' � , . e-mail:bass�buscoim.wm March 9;2001 � T?A FACSI1rlILE Ms.Ingrid Craub,P.E. City Of Aubain Public Wo;ks Department Zs w�t�;n ,A.nbuaa, WA 98001-4998 Re: City of Auburn—DRB 3`d St Grade 3epsrstion Project Dear Ms Gaub: I received a call&osn John Beyer this morning telling me I had lieen seleted as the Neutsal an the above capuoned projer[,which I accepted. John asked me to forward on to you my acceptance and howcly zate es soon as possiBle so as to meet a Council mgeting deadline. Therefore, I do accept the appo9ntinent and my hourly rate is$150.00 per hour: If you need any additional infoimauon pleaese call me on my n�iobile at206.601.1894 Sincerely, ` r.�� William L. Bass,Jr. WLB:bb ����b��