From: Jody Newland

Sent: Mon Oct 21 12:17:55 2019

To: Gerald Fisher

Subject: IGA with ODOT

Importance: Normal

Hi Gerald,

I have a question regarding the IGA with ODOT.

As I was reading (terms of agreement #2 & #3), if ODOT goes over budget at all, we are responsible for all their overages. So, our cost could rise significantly by their possible delays and their contribution isn’t impacted in the same way. Is this normal?

Second of all, is it wise? We don’t have any control over the project, but we have to pay for overages. Could we split the potential overages instead? Is there incentive for them to finish early or even on time?

I know these details are not really my business, I am just trying to understand how this all works and why. It doesn’t really change the fact that we need the IGA. I feel like we have no choice but to work on ODOT’s terms.

Thanks for your thoughts when you get time,

Jody