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Port Gardner Storage Facility Volume 7 Attachment O <br /> Page 39 <br />CITY OF EVERETT ⋅ 3200 Cedar Street ⋅ Everett, WA 98201 ⋅ (425) 257-8800 ⋅ Fax (425) 257-8882 <br /> <br />See 00 72 00 – 11 of the Contract Documents <br />Q211- Decision of Owner’s Representative on certain matters is “final” under GC 3.2. It <br />is not immediately clear if the intent is merely that the Owner’s Representative is <br />immediately binding subject to the parties’ rights under the dispute resolution provisions, <br />or if those matters are not referrable to dispute resolution at all. Please confirm. To be <br />clear, it is a significant risk management concern for any disputes under the Contract <br />may not be referrable to an impartial third party for final determination, particularly since <br />most of the matters listed under GC 3.2 are engage the interpretation and application of <br />Contract provisions and as such are matters of mixed fact and law. <br />See 00 72 00 – 12.2.5 of the Contract Documents <br />Q212 - Bid item 38 Groundwater Dewatering, Treatment, and Disposal is on a force <br />account basis. Please confirm all design requirements are to be paid under force <br />account. <br />Design requirements specific to Groundwater Dewatering, Treatment, and <br />Disposal, will be paid on a force account basis as described in 00 72 00 General <br />Conditions Section 9.6 Force Account. For example, the treatment design that a <br />dewatering subcontractor may be required to perform, would fall under 00 72 00 <br />General Conditions Section 9.6.6. <br />Q213 - Bid item 38 Groundwater Dewatering, Treatment, and Disposal is on a force <br />account basis. The payment does not address schedule impacts. Please confirm any <br />time impacts on the critical path paid through this item will be issued and all associated <br />overhead related costs will be paid for by the Owner. <br />The work associated with Bid Item 38, as it is described in the Construction <br />Documents, should be integrated with the work of the contract. Direct costs will <br />be paid according to 00 72 00 General Conditions Section 9.6 Force Account. If <br />differing site conditions are encountered under this force account work that <br />require additional work and has a time impact, that would be handled under the <br />Differing Site Conditions requirements outlined in 00 72 00 General Conditions <br />Section 11. <br />Q214 - Bid item 38 Groundwater Dewatering, Treatment, and Disposal is on a force <br />account basis. The Contractors baseline schedule cannot include this work since the <br />scope is unknown. Please confirm any time impacts related to this item the Owner will <br />provide additional time on the Contract. For example, if dewatering paid under this item <br />takes 30 days and is shown on the critical path, then the contractor is issued a 30 day <br />extension.