***************************************************************************** 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 ****************************************************************************** Nancy and Clay, Lea and I met this morning with Tom Lamberth and with the attorney for UDR, Leonard Hoffman, regarding the First Amendment to the Master Facilities Agreement. In particular, we discussed language that had been included in Section 2.C. of the First Amendment that provided that the Project Construction Engineer would have experience in “inspecting” bridge construction, and that the Engineer would “inspect” the work of contractors. In place of the word “inspect” they wanted to substitute the word “observe.” We understood from our conversation that the City has its inspector, Kleinfelder, out on the jobs performing more detailed inspection services. 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 previously made as a result of comments from the Council during the February 9 Council meeting (those changes were previously included in a draft of the document sent out following that meeting). The attached copy of the First Amendment is red-lined and shows the changes to that word, along with other changes. Please review and let me know if the language as revised is acceptable. Once I receive your input and make any needed modifications, I will then forward it on to Tom and Leonard for their review. Thanks. John