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04/30/97 14:09 p303 3i3 4367 <br />~ <br />r , ~~ <br />li C LEG:~L <br />~'larion County <br />OREGON <br />OFFfCE OF LEGAL COUNSEL <br />LEGAL COUNSEL <br />Michael 1. Hansen <br />BOARD OF <br />COMMISSIONERS <br />Randail Franke <br />Gary Heer <br />Mary 6. Pearmine <br />ass~sTArvr ~ECn~ <br />COUt35El <br />6ruce T. Mmstrong <br />Timothy T.A.Jensen <br />Gloria M. Roy <br />lane Elien Stonecipher <br />April 30, 1997 <br />Kristy R. Peek, Legal Counsel <br />Century West En~ineering Corporation <br />825 N. E. Multnomah, Suite 425 <br />Portland, Oregon, 97232 <br />~ <br />RE: Engineering Services Contract with Marion County <br />Kristy: <br />1~001/005 <br />Based on our conversation ti~is morning, I have revised the contract substituting <br />Marion County for CSI on the Courthouse Square project. I will b~e faxing you a copy of this <br />letter, along with the addendum I drafted, underlining the chan~es~-I made. I,will be mailing <br />two original forms of contract for execution by Century West witl~ this letter. <br />Let me explain the changes I made to the addendum. First, I changed paragraph 1 to <br />expressly state that Marion County would assume the ri~hts and responsibilities of CSI back <br />to the date of the original contract, September 17, 1996. <br />Second, I added a new subsection 2(e}. We did not discuss this, but I do not think it <br />should cause Century West any difficulty. As a pubiic body, Marion County's liability is <br />limited by statute and constitution. I think you will see that other insurance provisions asked <br />of Century West are consistent with the statutory tort claims limits. Marion County cannot <br />assume greater obligations toward Century West by means of indemnification agreements <br />than allowed by statute and constitution. <br />Third, I changed paragraph 10 after consulting with Ben Fett~erston, attorney for the <br />transit district. Since ~ve don't know the total cost for Century West's services at this time, <br />and payment by the transit district depends on FTA approval, it seemed best to incorporate <br />these contingeilcies into the addendum. Transit's participation, if approved, will be fimited to <br />42% of the bill. This does not limit tl~e county's respoi~sibiiity for tlle full cost of services <br />performed under this a~reement. <br />As for the FTA addendum, I have several con~ments to affinn in writing. First, the <br />federal government does insist on broad powers when it gives grants to transi:. As you <br />530 Center 5[ree~ NE, Suite 312 • Salem, Oregon 9:301-3670 •(~03) 588-5220 • Fax (5031 373-4367 <br />