Fyi. ________________________________ From: Hill, John Sent: Friday, February 26, 2010 8:07 AM To: 'Hoffman, Leonard' Subject: RE: My voicemail...Leonard ***************************************************************************** IMPORTANT/CONFIDENTIAL: This message contains information from the law firm of Cowles & Thompson, P.C. which may be privileged, confidential, and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient or the employee, or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately at our telephone number (214) 672-2000 ****************************************************************************** Leonard, attached please find a red-lined copy of the First Amendment for review. Please note that a couple of the red-lined changes in the document, to Section 2.D. (adding “(that is, prior to the City’s execution of a change order)”) and to Section 2.G. (deleting “shall have”), were made based on comments from the Council during the February 9 Council meeting. One of the changes to Section 2.C., regarding the Project Construction Engineer, is to add the following sentence: Further, the Project Construction Engineer shall directly supervise the engineering construction of the said Phase IB of the Phase I Infrastructure, Phase IC of the Phase I Infrastructure, and Phase ID of the Phase I Infrastructure. This change is made to conform to subsection (2) of Section 1001.407 of the Occupations Code, which provides: Sec. 1001.407. CONSTRUCTION OF CERTAIN PUBLIC WORKS. The state or a political subdivision of the state may not construct a public work involving engineering in which the public health, welfare, or safety is involved, unless: (1) the engineering plans, specifications, and estimates have been prepared by an engineer; and (2) the engineering construction is to be performed under the direct supervision of an engineer. This is subject to the City Staff’s review and approval. I am working on the revisions to the construction management agreement, and if those are out to you today, I will have them to you by the first part of next week. Please let me know if you have any questions. John ________________________________ From: Hoffman, Leonard [mailto:lhoffman@jw.com] Sent: Thursday, February 25, 2010 5:27 PM To: Hill, John Subject: My voicemail...Leonard John, Got a feeling you are out of the office. I keep missing you. I left you a voicemail on your office line. Let me know what you think. We all have a sense of urgency on the Creek Area Park. See one another tomorrow evening for the Chamber dinner honoring Ron. Leonard Hoffman Jackson Walker LLP 901 Main St., Suite 6000 Dallas, TX 75202 214.953.5823 direct 214.356.6117 mobile lhoffman@jw.com