07-056 - WA State Department of Transportation (WSDOT) - I-405 Widening Project Cooperative Agreement

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GCA 5099 5 of 8 184 quickly and efficiently as possible. If dispute resolution is not successful at this level, 185 the CITY's Public Works Director and the STATE's I -405 Project Manager shall 186 jointly cooperate to informally resolve any dispute. 187 188 7 1.2 Written Notice. If unresolved, the CITY's Public Works Director and the STATE's 189 I -405 Project Director shall notify each other in writing of any dispute needing 190 resolution. They shall meet together with appropriate staff from the CITY and 191 STATE within three (3) business days of receiving the written notice in order to 192 resolve the dispute to the satisfaction of both PARTIES Each PARTY agrees to 193 compromise to the fullest extent possible in resolving the dispute in order to avoid 194 delays and minimize PROJECT costs. 195 196 7 1.3 Dispute Resolution Panel. If still unresolved, the CITY's Public Works Director and 197 the STATE's I -405 Project Director shall each appoint a member to a dispute 198 resolution panel, hereinafter referred to as the "PANEL." These two members shall 199 select a third member not affiliated with either PARTY The decision made by the 200 three member PANEL shall be final and binding on the PARTIES to this 201 AGREEMENT 202 203 204 7 1 4 Compensation for the PANEL members and the expenses of operation of the PANEL 205 shall be shared by the CITY and the STATE in accordance with the following: 206 207 a. The STATE and the CITY shall each pay the costs for its appointed member 208 of the PANEL. 209 b The STATE and the CITY shall each pay fifty (50) percent of the costs for the 210 third member of the PANEL. 211 c. The STATE will provide administrative services, such as conference facilities 212 and secretarial services to the PANEL, and the STATE will bear the costs for 213 this service. 214 215 8.0 INDEMNIFICATION AND HOLD HARMLESS 216 217 8 1 Each PARTY shall protect, defend, indemnify, and save harmless the other PARTY, its 218 officers, officials, employees, and agents, while acting within the scope of their 219 employment as such, from any and all costs, claims, judgments, and /or awards of 220 damages (both to persons and /or property), arising out of, or in any way resulting from, 221 each PARTY's own acts or omissions. No PARTY will be required to indemnify, 222 defend, or save harmless the other PARTY if the claim, suit, or action for mjunes, death, 223 or damages (both to persons and /or property) is caused by the sole negligence of the other 224 PARTY, its officers, officials, employees, and agents, while acting within the scope of 225 their employment as such. Where such claims, suits, or actions result from the 226 concurrent negligence of the PARTIES, the indemnity provided herein shall be valid and 227 enforceable only to the extent of a PARTY's own negligence. 228