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~ MARION CO UNTY LEGAL CO UNSEL <br />530 Center St. N.E, Sui[e 312 <br />Sale»t, OR 97301 <br />(503) 588-5220 <br />FAX.~ 373-4367 <br />Michael J. Hansen <br />County Counsel <br />Jane Ellen Stonecipher <br />Assistant County Counsel <br />Timothy T.A. Jensen <br />Assistant County Counsel <br />FACSIMILE TRANSMITTAL FORM <br />December 2, 1997 <br />~ <br />TO: Craig Lewis, Melvin Ma~ k Cos. <br />FROM.• Mike Hansen <br />No. ojPages including cover slreet: 36 <br />Craig, <br />Bruce T. Armstrong <br />Assistant County Counsel <br />Gloria M. Roy <br />Assistant County Cour~sel <br />FAX NO: (503) 223-4606 <br />RE: CHSQ--Management Agreement <br />\ l,~ ~ <br />f <br />~ <br />I have completed review ojthe proposed contract wilh ~he Transit District attorney, Ben Fetl~erston, Jr. We worked <br />from your draJt ojNovember 18, 1997. I have made handwritten changes. 1 am jaxing you a copy. This seems the <br />quickest and clearest way to sl~ow where the county and transit are at this moment. <br />I'd like to comment on some of the changes. I will rejer to sections by number. <br />GENERAL--0ne impact Jrom the adverse publicity has been an FfA decision to require approva! oj all contracts <br />bejore transit may execute t/~em. There are several consequences: delay, sensitivity to any deviation J•om F7'A <br />expectations. <br />GENERAL---1 have removed the words developnrent and developer fi•on~ the agreemer~t and substrtuted »ianagnrent <br />and manager. This is done to re~lect the basic ag~•eement, based on the RFP, is for consd-uction managment services <br />with a little extra. As we discussed, the pre-construction se~vices you a~•e now perjorming are not part of the original <br />RFP, but flow jrom it, since we needed to reconsider 11~e design and budget. These se~vices nrore readily fit into an <br />amendment to the contract. <br />1.3.4 We can accept the mutuallennination jor convenience language. The rest, however, is covered in the FI'A <br />Addendum. See page 18, Tern~i~ration (d). <br />3. I Deleted reJe~~ence to commissioning fee. This se~vice was not pa~~1 ojRFP. <br />4.1 The standard oj care makes it clear that the Manager does not guarantee result--especially the results oj <br />others. With this in mind, 1 think ntany ojthe subsequent ph~•ases in the agreement about "reasonable number" "use <br />~ of competent and diligent eJjorts " are unnecessary, and may even raise issues about alternative standards ojcare. 1 <br />would prefer to see the ternis simply r•ejer to the ac[iviry expected. Example: 6.1.1.... "»~o~ritor" adherence to budget <br />and schedule. <br />4. 7 I think site preparatio~l beconres par~t ojthe anre~rdment for pre-conshuction services. <br />