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EVENT AN AGREINEXT CANNOT THEN BE REACHED WITHIN 3 DPYS, THE CITY VC THE CONTRACTOR WILL EACH
APPOINT AN ARBITRATOR AND THE TWO SHALL SEI CT A THIRD WITHIN 30 DAYS THEREAFTER.
THE FINDINGS AND DECISION OF THE BOARD OF ARBITRATORS SHALL BE FINAL AND BINDING ON THE PARTIES,
UNLESS THE AGGRIEVED PARTY, WITHIN 10 DAYS, DIALLEmCES THE FINDINGS AND DECISION BY SERVING AND
FILING A PE�ITION FOR REVIEW BY THE SUPERIOR COURT (IF KING COUNTY, WASHINGTON. THE GROUNDS FOR THE
PETITION FOR REVIEW ARE LIMITED TO SHOWING THAT THE FINDINGS AND DECISION:
1. ARE NOT RESPONSIVE TO THE QUESTIONS SUBMITTED;
2. IS CONIRARY TO THE TERMS OF THE CONTRACT OR ANY COMPONENT THEREOF;
3. IS ARBITRARY AND/OR IS NOT BASED UPON THE APPLICABLE FACTS AND THE LAW CONTROLLING THE
ISSUES SUBMITTED TO ARBITRATION.
THE BOARD OF ARBITRATORS SHALL SUPPORT ITS DECISION BY SETTING FORTH lN WRITING THEIR FINDINGS AND
CONCLUSIONS BASED ON THE EVIDENCE ADDUCED AT ANY SUCH HEARING.
THE ARBITRATION SHALL BE CONDUCTED IN ACCORDANCE WITH THE STATU`7ES OF THE STATE OF WASHINGTON AND
COURT DECISIONS GOVERNING SUCH PROCEDURE.
THE COSTS OF SUCH ARBITRATION 94ALL BE BORNE EQUALLY By THE CITY AND THE CONTRACTOR UNLESS IT IS
THE BOARD'S MAJORITY OPINION THAT THE CONTRACTOR'S FILING OF THE PROTEST OR ACTION IS CAPRICIOUS OP
WITHOUT REASONABLE FOLMATION. IN THE LATTER CASE, ALL COSTS SHALL BE BOR211E BY THE CONTRACTOR.
THE VENUE OF ANY SUIT SHALL BE IN KING COUNTY, WASHINGTCP4, AM IF THE CONTRACTOR IS A NON-RESIDENT
OF THE STATE OF WASHINGTON, HE 94ALL DESIGNATE AN AGENT, L -IN WHOM PROCESS MAY BE SERVED, BEFORE
COMMENCING WORK UNDER THIS CONTRACT.
1-04.10 USE OF MATERIALS FOUND ON THE PROJECT (ADDITIONAL SECTION)
ALL SALVAGE MATFRIAL AS NOTED ON THE PLANS AND TAKEN FROM ANY OF THE DISCARDED FACILITIES SHALL, AT
THE ENGINEER'S DISCRETION, BE CAREFULLY SALVAGED AND DELIVERED TO THE CITY 9-0-S. ALL SALVAGED
WATER MAINS, FIRE HYDRANTS, VAL-E]9 AND APPURTENANCES, CATCH BASINS, AND STORM AND SANITARY MPMiDLE
COVERS SHALL BE SALVA6GED AND DEL. 4ERED TO THE CITY SHOPS.
ANY COST INCURRED IN SALVAGING AND DELIVERING SUCH ITEMS SHALL BE CONSIDERED INCIDENTAL TO THE
PROJECT AND NO COMPENSATION WILL BE MADE.
—04.12 WASTE SITES (ADDITIONAL SECTION)
ALL 04ATERIALS DESIGNATED BY THE ENGINEER TO BE WASTED SHALL BE HAULED, Dl-�MPED, AND SPREAD AT THE
LOCATIONS SELECTED BY THE CONTRACTOR.
THE CONTRACTOR SHALL HAVE THE RESPONSIBILITY OF OBTAINING HIS OWN WASTE SITE. ALL WORK INCLUDED :N
THIS SECTION S14ALL BE CONSIDERED TO BE INCIDENTAL TO OTHER ITEMS OF WORK AND NO FURTHER
COMPENSATION WILL BE MADE.
THE ROUTE TAKEN TO THE WASTE SITE SHALL BE MAINTAINED SOLELY BY THE CONTRACTOR IN A KANNER AS
DESCRIBED BELOW:
THE CONTRACTOR SHALL BE PREPARED TO USE WATER TRUCKS, POWER SWEEPERS, AND RELATED EQUIPMENT AS
DEYMED NECESSARY BY THE PUBLIC WORKS DIRECTOR TO ALLEVIATE THE PROBLEM OF LOST SPOILS ALONG
THE ROUTE. PROMPT RESTORATION OF THE ROUTE IS MANDATORY.
Supplemental Specifications
(Re� 05/01/86) Page A