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O1/16/98 08:51 $503 373 4367 -~ C LEGAL <br />Term of contract. <br />Recommendatian: Make it e~ective June 1, 1997, to Completion Date_ <br />8. Fees jor pre-conshuction services. <br />Recommendation: I sti11 think the scope oJwork was expanded. If a reasona6le fee can be <br />negotiated, rt can be paid. An amendment to the contract can ident~ the additional work and <br />the compensation to be paid. <br />9, Variation of 7 and 8. <br />Recommendation: Ijwe can't negotiate on 7 and 8 as recammended, a fall bock is to make the <br />contract term from some date when consiruction management services will begin, say December <br />1, 1997, to Completion Date. We can oJfer rhat cantract to Melvin Mark <br />This leaves pcryment for pre-construction services unresolved. Let the chips jal! where <br />they may. Both parties should be in a position to make their best claims and defense. <br />QUERY: Melvin Mark will raise the issue of whether the county will pay for the pre-consm~ction <br />servrces, even if transit will not or cannot. [~ill we? Does this affect the amount we mcry agree to <br />pay? Even ijboth owners sign the contract, will FTA opprove payment of pre-constructro~ <br />services forMelvin Mark? (In other words, is the county paying the full amount by ifself regardless <br />ojwhether transit signs?) <br />. ~ <br />t <br />C~oo2ioo2 <br />THIS FACSIMILE MAY CONTAIN CONFIDENTIRL ATTORNEY-CLIENT INFORMATION. IF YO U HAVE <br />RECEITrED THI5 TRANSMISSIDN BY MISTAKE, PLEASE DO NOT REVIEW OR DISCLOSE INFOIZMATIONAND <br />CONTACT USIMMEDIATELY. THANK YOU. , <br />