Combined Construction Inc. 7/22/2020

1 whether the hearing shall proceed as originally scheduled, or allow 2 additional time for the submittal and/or reschedule the hearing. On the final 3 date and time established for the hearing, the Board shall proceed with the I 4 hearing utilizing the information that has been submitted. 5 6 In the event that representatives of either the Contracting Agency or the I 7 Contractor fail to appear at the appointed time of a hearing, the Board shall 8 postpone the hearing until such time as representatives from both parties 9 are available to proceed with the hearing. 10 11 Use of Outside Experts 12 1. By the Contracting Agency or the Contractor: 13 14 a. A party intending to offer an outside expert's analysis at the 15 hearing shall notify the other party and the Board in writing no less 16 than 30 calendar days prior to the due date for delivering the pre- I 17 hearing submittal, and provide the following disclosure: 18 19 i. The expert's name and a general statement of the area of the I 20 dispute that will be covered by his or her testimony. 21 22 ii. A statement prepared by the proposed expert which I 23 addresses the requirements of the Establishment of the 24 Board subsection of this Special Provision, item 2. 25 I 26 iii. A statement prepared by the proposed expert which identifies 27 the experience and training which qualifies them as an expert. 28 29 b. Upon receipt of the disclosure, the other party shall have the I 30 opportunity to secure the services of an outside expert to address 31 or respond to those issues that may be raised by the other party's 32 outside expert. The notification and disclosure requirement shall 33 be the same as that specified elsewhere in this section, except the 34 time requirement is 21 calendar days. 35 36 2. By the Board: 37 38 a. When requested by the Board and subject to approval of the 39 parties, outside experts may be needed to assist the Board. In 40 such cases, the outside expert shall in no way be deemed 41 authorized to usurp the Board's authority to issue the Board 42 recommendations. Such authority shall remain vested solely in the 43 Board. 44 45 b. Prior to arranging for outside experts, the Board shall obtain prior I 46 approval from the Contracting Agency and the Contractor by 47 providing: 48 49 i. A statement explaining why the expert assistance is needed. 50 51 ii. An estimate of the cost of the expert assistance. 52 I MAPLE HEIGHTS BRIDGE SEISMIC RETROFIT PAGE 76 OF 106 SPECIAL PROVISIONS—Addendum 1 WORK ORDER#3693 MAY 4,2020 FEDERAL AID#BHM-2776(008)