On June 26, 2013, the Town and UDR and various named partners executed an Amended and Restated Master Facilities Agreement (MFA) that covers the development known as Vitruvian Park in the area of Addison that is bounded by Vitruvian Way, Spring Valley Road, and Marsh Lane. Section 6.B.2, of the MFA states that the Town will retain UDR as the construction manager for the construction of the public infrastructure improvements under a separate agreement. Under this agreement, UDR will ensure that the improvements are completed in a timely manner and in accordance with the construction contract documents, plans, and specifications.
Under the Master Facilities Agreement, public infrastructure improvements are defined as the public streets, easements, and other public rights-of-way, water, sewer, and drainage facilities, park facilities, and all other proposed public facilities and improvements as depicted on the construction plan and specifications. Once a contractor is selected for the construction of the public improvements, the Town and UDR will enter into a Construction Management Agreement (CMA) for these services.
Section 2.(c) of the MFA stipulates that UDR is entitled to be paid an amount equivalent to 8% of the total construction costs for the public infrastructure improvements as determined by the regular construction bidding process. The request for bids for the Phase 8 public improvements project was posted to BidSync on January 23, 2018 and the bid phase closed on February 13, 2018. Four bids were received and Council will consider the award to the low bidder at the April 10, 2018 Council meeting. The low bid is $2,349,453. Therefore, UDR's fee for construction management services will be $187,956.24.
Under the terms of the CMA, UDR will designate a construction manager who will communicate to the Town any issues related to the construction of the public improvements and will act as the Town's representative on site. The Construction Manager will provide construction observation, supervision, and coordination of all construction work related to the public improvements for Phase 8. UDR will schedule regular meetings with Town staff regarding the planning and construction of the improvements and will also ensure that the work of the contractor has been inspected so as to guard against any defects and deficiencies in the improvements. UDR will not, however, assume any responsibility for the means and methods used by the contractor. UDR will review all invoices or pay requests from the selected contractor and will forward those to the Town for payment along with any supporting documentation the Town requires.
Funds are available for this expenditure in the Vitruvian Bonds for Phase 8 public improvements.
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