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Attached is a revised red-lined copy of the each of the documents.  These versions show all changes made, including those sent out last Wednesday (March 17) and most of those just received
from Clay (with a couple of tweaks to Clay’s language).  The new language from Clay is highlighted in yellow.  One additional change was made to the reference to who the “Director” is
in the third-to-last paragraph of Section 4.A.1.

 

A couple of comments regarding the proposed changes from Clay:

 

1.         The proposed addition to the end of third-to-last paragraph of Section 4.A.1. states that UDR and the Property Owners are responsible for

 

maintaining compliance with all laws of the State of Texas, permits (Federal, State and Local) and meeting the standards and specifications of the Town of Addison as well as the approved
plans and specifications.

 

Is that compliance as to the construction management services?  This proposed language, which is included in the attached, appears to apply more to the contractor constructing the project,
rather than the services of a construction manager.

 

2.         The proposed changes to Section 4.B. are as follows:

 

B.         Contractor Claims.  Except as provided in paragraph C of this Section 4, UDR and the Property Owners shall resolve and completely pay or settle, by litigation or otherwise,
any claims of the Contractor or, any subcontractor, upstream and/or downstream property owners, Federal, State and Local agencies arising out of the Construction Contract, without involving
the City.

 

If there is a claim from an upstream or downstream property owner, or from a governmental agency, is that something that the construction manager should be responsible for?  That seems
to be something that the Town would want to control.  For the moment, those revisions have not been included in the attached.

 

3.         The proposed addition of a new Section 2.28 states:

 

2.2.28  The Construction Manager shall strictly enforce compliance with the Storm Water Pollution Prevention Plan and all permits obtained from Federal, State and Local authorities for
the project.  The Construction Manager agrees to seek construction means and methods to minimize impacts to upstream and downstream property owners.

 

A provision similar to the first sentence is already added in new Section 1.1.10; therefore, is the first sentence needed?  The second sentence appears to make the Construction Manager
responsible for “construction means and methods,” something that I think should be the responsibility of the contractor.  This proposed addition is not included in the attached.

 

Please let me know if you have any questions or comments.

 

John


________________________________

From: Clay Barnett [mailto:cbarnett@addisontx.gov] 
Sent: Monday, March 22, 2010 3:26 PM
To: John Hill
Cc: Nancy Cline; Lea Dunn
Subject: RE: Master Facilities agreement/construction assignment agreement language 



John,

 

Attached is the few remaining comments that we have.

 

Also, Bruce Dunne is revising Exhibit “C-2.”  He has told me that he would have it completed shortly.

 

If you have any questions, please let me know.

 

Thanks,

Clay Barnett, P.E.

Town Engineer

Town of Addison

16801 Westgrove Drive

Addison, TX 75001-2818

Office: (972) 450-2857

 <http://www.addisongreen.info/> 

 

-----Original Message-----
From: Lea Dunn 
Sent: Monday, March 22, 2010 8:27 AM
To: Clay Barnett
Cc: John Hill; Nancy Cline
Subject: Master Facilities agreement/construction assignment agreement language 

 

Clay:

 

Please let John know today if you have any concerns with his language for those two agreements.  Nancy:  we need to try to wrap up the County issue and I think you’re right that we probably
need to meet with Alberta.  Please see about scheduling a meeting as soon as possible.   Thanks, 

 

Lea

 

Lea Dunn

Deputy City Manager

972-450-7037

ldunn@addisontx.gov <mailto:ldunn@addisontx.gov>