OIC2022 on 19-Jul-2024 9:23:36 AM CDT

For the timber pilings on this project, will a CCA treatment be deemed an equal to the creosote treatment that’s specified?

OIC2022 on 24-Jul-2024 10:43:43 AM CDT

• The defined access on Sheet G-103 is in extremely poor condition and will require substantial grading improvements to allow heavy truck access to the site. Are these types of grading activities/improvements allowed adjacent, on and over the levee? • Are there any restrictions that preclude the contractor from utilizing adjacent canals for material and equipment delivery? • Are there equipment weight restrictions for the levee?

OIC2022 on 29-Jul-2024 12:42:47 PM CDT

1. Adequacy of Design - The Contract Documents appear silent as to adequacy of design. Please confirm that Contractor may rely on the plans and specifications provided to Contractor by the Owner, and, that the Contractor shall review the Contract Documents for scope constructability and for purpose of pricing the work as indicated, and that Contractor's review if not for the purpose of verifying the Owner's design, or explain specifically what is intended. 2. Specs Sec. 00 72 00 - 14.05 (93/425) - The Contract Documents lack clarity on beneficial occupancy, in part or whole, of the Project prior to Substantial Completion. Please confirm that if the Owner takes beneficial occupancy of the Project or any identifiable portion of the Project, such beneficial occupancy shall constitute Substantial Completion of the beneficially occupied portion of the Work and that the Owner shall negotiate with Contractor with respect to any impacts of such occupancy, or clarify what is intended. 3. Builder's Risk - The Contract Documents appear silent on a Builder's All-Risk Policy. Please confirm that the Owner intends to and shall carry a Builder's All Risk policy in the face amount of the Project until the Project achieves Substantial Completion or until the Owner takes Beneficial Occupancy, whichever is earlier, or, that the Owner will reimburse Contractor for the cost of such Builder's All-Risk policy if carried by the Contractor in the absence of such an Owner policy, or, explain what is intended. 4. Specs Sec. 00 72 00 - 3.04 (59/425) - 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. 5.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. 6. Specs - Form of Agreement - Article 4.03 - (30/425) - 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.b 7. Damages - Other - The Contract Documents include damages other than direct damages and liquidated damages. These other damages are in the form of indirect, consequential or punitive damages. Please confirm that each Party expressly waives any claim for special, exemplary or punitive damages that could be demanded by either Party against the other, or explain why such additional damages are included. 8. 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. 9. Specs Sec. 00 72 00 15.02 (96/425) - Article 15.02 on page 25 of the 425-page specifications 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. 10. Specs Sec. 00 72 00 - 4.06 (63/425) - 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. 11. Materials on Hand / Stored Mat'ls & Paymt for Them - 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 and shall be paid 80% of the cost of such stored material with overhead and profit for such stored materials or explain what is intended. 12. Specs - Form of Agreement - Article 6.02 - (31/425) - Please indicate whether the Owner will consider a retention/retainage bond at Contractor's sole cost in lieu of percentage retainage in order to enhance Contractor cash flow without significant added risk to the Owner, or explain why this is not available 13. 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. 14.Specs Sec. 00 72 00 - 2.05 (57/425) and Specs Sec. 00 72 00 - 6.04 (69/425) - The Contract Documents are unclear on Schedule updates. Please confirm that monthly updates with written narratives are required to be provided to the Client/Owner or explain what is desired. 15. Specs Sec. 00 72 00 - 14.04 (93/425) - The Contract Documents are unclear on Substantial Completion. Please confirm that the Contractor shall provide Owner/Client written notice of Substantial Completion, and that the Owner/Client shall, within ten (10) work days of receipt of such written notice, organize its team and conduct a single, joint, pre-final inspection in which the Parties shall annotate any observed punchlist items to complete prior to Final Completion; that Owner/Client shall promptly provide Contractor such written punchlist; and, that once Contractor completes the punchlist work and notifies Owner in writing, Owner/Client shall conduct a follow-up inspection of the Work to confirm punchlist completion. Upon verification that punchlist work is properly complete, the Owner/Client shall issue Contractor a letter of written of Substantial Completion w within three (3) business days. If any other procedure is intended, please explain. 16. 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. 17. Specs Sec. 00 72 00 - 4.04 (62/425) - The Contract Documents do not appear to indicate any specific Utility Conflicts of 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. 18. Specs Sec. 00 72 00 - 4.04 (62/425) - The Contract Documents appear unclear 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.