Participation in one-on-one constructability review meetings or providing comments or input will not disqualify the construction contractors from submitting bids for the Project (although the names of the participating contractors may be disclosed in the bidding documents for transparency purposes, but without attribution to specific comments or input). ODOT cannot compensate potential construction contractors for review of the preliminary Project Documents, the one-on-one meetings or comments provided. A summary of the constructability review meeting discussions and comments will be anonymized and posted on the Constructability Review website (https://www.oregon.gov/odot/Engineering/Pages/Constructability-Reviews.aspx) and distributed through Association of General Contractors. Contractor’s recommendations, including but not limited to, advice, or input regarding constructability, plan and specification suggestions or requested modifications, design alternatives or concepts are subject to review by ODOT. ODOT is under no obligation, express or implied, to make changes to the Project based on comments made or input provided.
By accessing preliminary Project Documents, potential construction contractors acknowledge and understand that:
The Project is subject to change, delay and/or cancellation.
All preliminary Project Documents are draft and are provided for informational purposes only and are subject to change.
Preliminary Project Documents may represent preliminary, incomplete and imperfect data, and may contain errors, omissions, conflicts, inconsistencies and improper use of materials. ODOT disclaims all responsibility for the accuracy and completeness of all preliminary Project Documents. Contractor assumes all risks in relying on the preliminary Project Documents.
Preliminary Project Documents may contain presumptive information related to third party approvals, environmental or other permitting, and right-of-way that has not yet been acquired.
ODOT does not represent the constructability of the preliminary Reference Documents.
Contractor expressly waives any and all claims and causes of action against the State of Oregon and ODOT arising from the constructability of the preliminary Project Documents provided as part of the Project Constructability Review process.
Contractor’s consultation with, and comments provided to ODOT on the Project and the preliminary Project Documents, including but not limited to comments and discussions regarding plans, specifications, equipment or materials, or any alternative solutions offered affecting construction feasibility, schedules, cost or quality, including suggestions that may be considered value engineering, are not to be construed as binding, nor are they subject to any compensation.
Contractor by participating in the Project Constructability Review or in providing comments or input is not assuming Project design responsibility.