OIC2022 on 12-Jun-2024 3:40:21 PM CDT
Adverse Weather - The Contract Documents appear unclear on dealing with excusable weather delays for adverse weather in excess of anticipated. Please provide the monthly table of expected adverse weather
days or confirm that the use of either U.S. Army Corps of Engineers or another government tabulation of expected adverse weather by month for the Project area is acceptable, and, confirm that such adverse weather
days in excess of those expected, if any, shall be handled by the parties as an compensable delay, or explain what is intended.
Changes - Change Orders - The Contract Documents appear unclear on the amount of time for Owner review of a Proposed Change Order. Please confirm that any Proposed Change Order (PCO) delivered by
Contractor to Owner shall receive approval or be returned with written comment within fourteen (14) calendar days, or thereafter be considered null and void without further action by either party, unless extended in a
signed writing by Contractor before 6:00 PM local time at the Owner's place of business on the 14th day after the date that such PCO was delivered by Contractor to Owner, or identify any other period Owner intends.
Damages (Consequential) - The Contract Documents do not expressly exclude damages other than direct damages or liquidated damages. These other damages would be in the nature of indirect damages. Please
confirm that each Party expressly waives any claim for indirect or consequential damages that could be demanded by either Party against the other, or explain what is intended.
Liquidated Damages - Please confirm that Liquidated Damages ("LDs") are the Owner's sole and exclusive remedy with respect to any late substantial completion ("SC") caused solely by Contractor, and confirm that
the Owner agrees that the Parties shall consider LDs to be direct damages and not to be considered indirect damages, or explain what is intended.
Delay - Excusable - The Contract Documents lack clarity on the handling of excess adverse weather. Please confirm that the Parties will use a standard calendar of anticipated adverse weather of expected days by
month of expected adverse weather and that Contractor shall track, document and present adverse weather in excess of anticipated on a weekly basis for an adjustment of the Contract Time, with such adjustment
presented on a monthly basis, or explain what is intended.
Delay - Recovery of Time Obligation - The Contract Documents appear to allow the Owner to direct acceleration without compensation when the cause for critical path delay is by other than the Contractor. Please
confirm that the Parties shall negotiate the compensable impacts of any directed or constructive acceleration of the Work except where such acceleration or recovery of delay to the Project critical path due solely to
Contractor critical path delay and without corresponding critical path delay by the Owner or others, or explain what is intended.
Equipment Control - Article 8.09(c) on page 119 of 1149 indicates that Owner may take control or possession of Contractor's equipment. This would be acceptable as to equipment that is incorporated into the Project,
but not as to construction equipment, vehicles and tools. Such action would violate existing covenants and enforceable agreements and is not permitted. Owner's proper remedy in Default for Work completion is the
Performance Bond. Please confirm that Owner will not take possession or control of Contractor's construction equipment, vehicles, or tools, or explain what is intended.
Hazardous Materials - The Contract Documents are unclear on existing HAZMAT. Please confirm that the Contract Documents disclose any presently existing HAZMAT within the project limits and include the location,
the specific material(s) and concentrations determined, when such HAZMAT is expected to be remediated by the Owner, or explain what is intended
Materials on Hand / Stored Mat'ls - The Contract Documents appear unclear on payment for stored materials/material on hand. Please confirm that so long as Contractor stores, segregates and safeguards project
materials procured for the Project in a mutually-agreed manner, and makes such material available for Owner/Client inspection, Contractor may invoice the cost of such stored material with overhead and profit for such
stored materials or explain what is intended.
Retainage - Please indicate whether retainage may be placed by Owner at Contractor's request in an interest earning account until such payment of retainage with interest earned to Contractor, or explain why this is
not available.
Time Impact Analysis - The Contract Documents appear unclear on the method of analyzing alleged Contract Delays. Please confirm that the Parties intend to: 1) use the most recent updated schedule prior to the
delaying event, 2) insert the delating activity or activity fragmentary network and 2) then analyze the days of impact to the expected Substantial Completion Date; or, explain what method will be used.
Right of Way Acquisition - The Contract Documents do not indicate incomplete right-of-way ("ROW") acquisition or impairment of Project Work. Please confirm; or, if there are acquisition, easement or title issues,
please disclose those in writing and indicate the expected date of resolution of each and provide the contact information for such land-acquisition person or persons.
Utilities - The Contract Documents do not appear to indicate any specific Utility Conflicts with underground infrastructure. Please confirm that the Plans properly reflect all known, existing subsurface utilities and
infrastructure (whether in the ground or adjacent waters, if any), or specifically identify what inaccuracies exist, where, and with respect to what specific utilities services (like water, sewer, gas, low voltage); and, provide
the expected date of relocation or removal, indicating the responsible entity and point of contact for each separate utility.
Utility Excavation - The Contract Documents are silent on the relocation of any utility conflicts, if encountered. Please identify necessary each incomplete utility relocation, if any, within the project limits with a date for
completion and a contact for coordination; and, please confirm that the Parties shall negotiate an equitable adjustment for any cost or time impacts resulting from undisclosed utilities, if encountered, or explain what is
intended.
|