Interim Architect Agreement/Contract

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Michael Hansen RE: Courthouse Square - Contract Project No. 9637 July 7, 1997 Page 2 of 3 If either paRy properly exer~cises its option to arbitration, arbitration of such dispute shall be mandatory and any pending litigation shall be stayed. The award of the arbitrators shall be in writing. The Architeds or the Owner shall have all rights arising under Oregon law rega~ding any afiitration award under this Agreement. 2. Supplemental Paragraph 7.3.1 should be revised to provide the following: "In addition to Paragraph 7.1, the Owner and Archited agree to join in one arbitration all persons or parties with claims relating to or arising out of the same transadion~ occurrence~ or series of transadions or occurrences as the dispute between the Owner and the Archited, if there is a common question of law or fad.' 3. Deletion of Paragraphs 9.3 and 9.4 is acceptable. 4. You have requested to delete the first sentence in the revised attomey fee provision. You have asserted that the provision allows either party to demand payment every time a person talks with their attomey. We believe that objedion is unfounded. The provision is limited to `enfor~cement of rights" under the contract. If we were to consuft an attomey for any reason other than enforcing rights, such as assessing our liability for something that has occutred, there would be no claim for attorney's fees. As an altemative, we would consider replacing the first sentence with "If either party justifiably employs an attomey for assistance in enfor~cing its rights arising from this Agreemerrt, regardless of whether a suit is filed, the other party shall reimburse that party for any attomey fees incurred." 5. Ben Fetherston and I have gone through the FTA Funding Addendum. He indicated to me which paragraphs apply to our contrad. We ask that Mr. Fetherston supply us a copy of that addendum with all items which do not apply to our contract lined out so that it is dear to all parties which portions of the contract aPp~Y• 6. In addition, I believe Ben Fetherston was going to revise the "Disputes" portion of the `Dispute Resolution" on Page 21 of the FTA Contrad Requirements. 7. Additionally, the seismic safety clause on Page 11 of the FTA Contract document will be acceptable if "and const-uded" in the second line of that paragraph is deleted. If this deletion is not possible, we will have to negotiate additional work for the structural engineer to provide full-time inspedion. This cost would be substantial. 8. Additional items which should be completed in the fee portion of the contract include: A. The request of the Owner to carry the fifth floor design into design developmerrt. The documented costs for providing this was not to exceed $7,500 per agreement. The final cost fo~ providing this work is $6,790. B. The construction manager has asked that an acoustical engineer be brought on boa~d. We want it made clear that the addition of this service will be considered an additional senrice.