Combined Construction Inc. 7/22/2020

1 repetitiveness, the parties may identify a common set of 2 documents that will be referred to by both parties, and submit them 3 in a separate package. 4 5 3. If requested by the Board or either party, the Contracting Agency and 6 the Contractor shall each prepare and submit a rebuttal paper in 11 7 response the position paper of the other party. 8 9 4. The number of copies, distribution requirements, and time for submittal 10 will be established by the Board and communicated to the parties by 11 the Board chair. 12 13 Disputes Review Board Hearing 14 1. The Contracting Agency will arrange for or provide hearing facilities at 15 or near the project site. 16 I 17 2. Attendance: 18 19 a. The Contracting Agency and the Contractor will have a I 20 representative at all hearings. 21 22 b. The Contracting Agency and Contractor shall both limit attendance I 23 at the hearing to personnel directly involved in the dispute and 24 participants in the good-faith negotiations that were conducted 25 prior to submittal to the Board except as noted elsewhere in this 26 section. 27 28 c. At least 14 calendar days before the hearing, each party shall 29 provide a list of proposed attendees to the Board and to the other 30 party. In the event of any disagreement, the Board shall make the 31 final determination as to who attends the hearing. 32 33 d. Attorneys shall not attend hearings except as follows: 34 35 i. Attorneys are identified as such on the list of proposed I 36 attendees; 37 38 ii. All parties desiring their attorney present are able to do so. 39 40 iii. Attorneys shall not participate in the hearing, unless the scope 41 and extent of Attorney participation is mutually agreed to by 42 the Contracting Agency, Contractor and the Board at least 7 43 calendar days before the hearing. 44 45 e. For hearings regarding disputes involving a Subcontractor, the I 46 Contractor shall require and ensure that each Subcontractor 47 involved in the dispute have present an authorized representative 48 with actual knowledge of the facts underlying the Subcontractor I 49 disputes. 50 51 3. A party furnishing written evidence or documentation of any kind to the I 52 Board must furnish copies of such information to the other party and I MAPLE HEIGHTS BRIDGE SEISMIC RETROFIT PAGE 74 OF 106 SPECIAL PROVISIONS—Addendum 1 WORK ORDER#3693 MAY 4,2020 FEDERAL AID#BHM-2776(008)