Interim Architect Agreement/Contract

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INTERIM AGREEMENT FOR ARCHITECTURAL SERVICES ~~~,~ ~,~ ~~ , 1997, by and between Marion Agreement made, effective as of ~-• ~ Counry, a political subdivision and body polit~c of the state of Oregon, and the Salem Area Mass Transit Distnct, a political subdivision and body politic of the state of Oregon, hereinafter referred to as "Owner", and Arbuckle Costic Architects, Inc., an Oregon corporation, hereinafter referred to as "Architect". The parties recite, declare and agmee as follows: 1. Owner owns Block 5, SALEM, Marion County, Oregon. Owner intends to build a mixed use facility on the real property generally consisting of underground parking facilities, a transit center, administrative offices for Owner, and a commercial retail site to be leased to private parties for development of retail and other private facilities. The project is known as Courthouse Square. 2. The project is undergoing substantial redesign. Owner needs consultation services of an architec~ Architect has provided similar services for the original design of the project, and wishes to continue in a consultadve role. Owner wishes to retain the consulting services of Architect. 3. Owner and Architect aclaiowledge and agree that as of July 28, 1997, Owner has paid Architect the sum of $ 434,881.17, which amount is payment in full for services rendered to that date, with the sole exception of $8,560.00 (which amount was billed after July 28, 1997 for structural revisions) and $15,462.12 which amounts will be paid promptly following execution of this Agreemen~ 'The parties have no further commitment to each other. 4. Both parties expe,ct to negotiate an agreement retaining Architect to act as the arctutect for the design and construction of the project. Both parties expect construction to begin on or about January 1, 1998, and to be completed on or about May 1, 1999. Both parties agree that the Architect's fee is to be not more than 6% of hard costs. The parties agree that all of the amounts paid or payable to Architect for services rendered on and after July 28, 1997 and, of the sums paid or payable to Architect for services rendered prior to July 28, 1997, the sum of $71,209.00 shall be applied as a credit against the amount of the fee payable to Architect under any final agreement retaining Arcttitect as the architect for the project. Upon determination of the fmal GMP, the Owner and Architect agree to execute an agreement in the form attached hereto as Exhibit A. 5. The project is funded in part by a grant from the FI'A. Ttus agreement is subject to FI'A contract requirements imposed upon Owner, as attached to Exhibit A and incorporated by this reference as if fully set forth herein. 6, Arclutect agrees to provide services as a consulting architect with that standard of care, skill and diligence normally provided by professional architects. The work to be performed includes the following: a. Consult with Owner to ascertain the requirements of the project and confirm such requirements to Owner. b. Prepazation of schematic, design development and construction documents, sufficient for the preparation of a Guaranteed Maximu~n Price (GMP) from the general contractor, in consultation with, and Courthouse Square Project Architect Interim Agree~nent Page - 1