RESPONSES TO QUESTIONS RECEIVED THROUGH FEBRUARY 03 , 2021 FOR BAYFRONT 1 REDEVELOPMENT: PHASE 1A, SURCHARGE PROGRAM
RESPONSES TO QUESTIONS RECEIVED THOUGH FEBRUARY 03, 2021
1. Note 5 of General Construction Notes on drawing 3/47 states that: “Any conditions determined by the Contractor that differ from the information shown on the drawings that are not brought to the attention of the Owner and Engineer prior to the start of work shall not be considered grounds for additional payment or changes to the contract duration, or any other claims against the Owner or Owner’s Engineer.” Please clarify if the start of work in that sentence refers to either the start of a specific activity or item of work or to the start of the contract. If the latter, that would mean that the contractor would need to run topo surveys, soil borings, ground penetrating radar surveys and other studies to make sure the provided bid documents contain accurate information. Please consider removing this note altogether or amending it so that any cost incurred by the Contractor to perform additional inspections and tests prior to the start of work, for the purpose of determining any differing conditions, shall be bore by the Owner.
2. On same sheet, Note 4 of Grading, Drainage and Utility Notes is particularly concerning because it makes the Contractor responsible for the cost to relocate all existing utilities which conflict with the proposed improvements, as if the Contractor had a way to anticipate and estimate any instance in which such conflicts may occur. Please advise if any work required by unforeseen conditions will be performed under item 46, “Allowance for Work Unspecified”.
3. Same note states that “any conditions found to differ from those shown by these drawings shall be brought to the attention of Langan Engineering”. Please confirm that Langan Engineering will be involved with the project and in what capacity.
4. Paragraph 4.03.C.2. of the General Conditions states “Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times if: a) Contractor
knew of the existence of such conditions at the time Contractor made a final commitment to Owner with respect to Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract; or b) the existence of such condition could reasonable have been discovered or revealed as a result of any examination, investigation, exploration, test, or study of the Site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor’s making such final commitment”. Contractor was not able to carry any site examination prior to the contract award since the pre-bid site visit was held outside of the property and prospective bidders were not allowed on the property for a visual inspection, let alone other exploration, test or study. Please consider deleting this paragraph from the contract or amending it in such a way that the Contractor is not liable for any unforeseen condition or for any discrepancies from the provided bid documents, understanding that the Contractor relied on and based their bid price solely on the supplied bid documents.
1. The start of work in the sentence refers to the start of a specific item of work.
2. The Contractor will not be required to relocate any existing utilities. If same does become required, Bid Item #46 – Allowance for Work Unspecified may be utilized for additional compensation.
3. Langan Engineering will not be involved, any existing site conditions found to differ from those shown on the Contract Drawings shall be brought to the attention of CME Associates.
4. In the event that any unforeseen existing conditions are discovered, that are not disclosed of in the bid documents, after the execution of the Contract, the Contractor shall negotiate a Contract Time Extension with the Owner and/or Engineer. If additional compensation is required for same, Bid Item #46 – Allowance for Work Unspecified may be utilized.