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t/ 14. 4.3.1.8 — We need some coordination with the entire City Council regarding approval of the project. I <br />would think that should occur at the Schematic Design Phase, and at the Construction Document Phase <br />(approval). Our committee will help to expedite this process, but the entire Council needs to be brought <br />into the loop at key times before the project is put out to bid. I'm open to discussing this, but 1 would <br />assume your presence at a couple of council meetings to go over the design is reasonable. <br />V 15.4.3.10 — Not sure I think this is an additional service. In coordinating with the Construction Manager, I <br />would assume this to fall primarily on them, but I would also expect some review from the Architect, <br />especially if you've had experience with the potential low bidders. <br />16.4.3.2 - -- I'm not sure I understand this and I think we need to discuss it. <br />or, 17.4.3.3 — While I think I can understand the basis for this, I want to makt; sure. Please discuss this with <br />one in more detail.bf p ti 3te,i 3- <br />18. 4.3.2 — all of them. This entire section generates a lobo( questions for me. For example - .5 - 1 can <br />agree with that after contract award, but this section is less than clear to me. I also don't know if .6 <br />make sense. We should discuss this. w'l <br />19.4.3.3 —I don't agree with 4.3.3.3 or 4.3.3.4. I would prefer these he stricken. <br />/ 20. 5.1 — please delete these words in the 3 rd line: ...including space requirements and relationships. <br />21. 6.1 —I think we should discuss what is part of the cost of construction from your standpoint and what <br />isn't. For example, I'm not sure demolition should be included, especially if we don't retain the existing <br />6,000 square foot building. Another example would be work associated with Civil Engineering if you <br />aren't designing it ? ?? Let's discuss this to be clear as to your expectations. be, Q., b <br />22. 7.1 — Not sure what that means to the City??? <br />%af d @. e. f c'2` .'rea.a .�` o.» 1,6 <br />S� <br />- 23. 7.2 — Not sure about this one either. f want to make sure we have use of the drawings in the future if <br />work is needed on the buildings. <br />V24. 8.2 — Please delete the entire section, with the exception of 8.2.4 as noted. I think mediation is a waste <br />of time and money. If we can work things out, then we need to sue each other. Given I believe we are <br />very reasonable, we shouldn't reach that point. We also did this in the CM agreement. <br />25. 8.2.4 -- Please delete the following: !f the parties do not resolve a dispute through mediation pursuant <br />to Section 8.2..... Then in the boxes below, please check the box that identifies "Litigation in a court of <br />competent jurisdiction ". <br />Lot 26. 8.3 — Please delete the entire section. We don't allow arbitration in our contracts as it can be too easy <br />for someone to take us to arbitration without dealing in good faith. Also deleted in CM agreement. <br />27. 9.4 — Please revise this paragraph to read as follows: "Either party may terminate this Agreement after <br />the other party has received written notice detailing the basis of default and after allowing seven days <br />to cure said default should the other party fiat substantially to perform in accordance with the terms <br />of this Agreement through no fault of the party initiating the termination." Note: This is the sane <br />language we used in the CM agreement. <br />2 <br />3 <br />