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LEGAL COUNSEL <br />Michael J. Hansen <br />BOARD OF <br />COMMISSIONERS <br />Randall Franke <br />Gary Heer <br />Mary B. Pearmine <br />ASSISTANT LEGAL <br />COUNSEL <br />Bruce T. Armstrong <br />Timothy T.A. Jensen <br />Gloria M. Roy <br />Jane Ellen Stonecipher <br />Marion County <br />OREGON <br />OFFICE OF LEGAL COUNSEL <br />~tECElVED <br />December 29, 1997 <br />MEMORANDUM <br />DEC 3 0 1991, <br />MARION WORK CENTER ECTIONS <br />TO: Randy Franke, Chair <br />Mazion County BOC <br />FROM: Mike Hansen ~;rU~ (~ ~~.~-- <br />Marion County Legal Counsel ~ U <br />RE: Courthouse Square Project <br />Interim Agreement for General Contractor Consultation Services <br />I understand that the Special Projects Oversight Committee has asked for a <br />review of the above contract. In particular, the committee is interested in when the <br />contract expires and the consequences of expiration. <br />This interim agreement was predicated on the assumption that a GMP would <br />be available on or about December 12, 1997. The parties anticipated that they would <br />be able to conclude negotiations and determine whether to proceed to a general <br />construction contract on or before December 31, 1997. At the present time, the <br />parties have not been able to negotiate a general construction contract as anticipated <br />by this interim agreement. Information is not yet available for development of a <br />GMP. The parties have negotiated a maximum price of $70,000 for consultation <br />services rendered between June l, 1997, and December 31, 1997. This sum will be <br />waived in the event that the County and the Transit District do enter a general <br />construction contract with the contractor based on a GMP. <br />The contract contemplates that it will continue until such time as sufficient <br />construction documents have been developed in order to allow the contractor to offer <br />a GMP. Transit and the County have the option of determining whether that GMP <br />is acceptable. If the GMP is not acceptable, the parties will then negotiate. If they <br />cannot arrive at an acceptable GMP, Transit and the County may give ten days <br />written notice to the general contractor. During that time period, the general <br />contractor may make a final GMP offer. The County and the Transit District can <br />accept or reject that offer. If the offer is rejected, the County and the Transit District <br />are then able to go out for bid. <br />530 Center Street NE, Suite 312 • Salem, Oregon 97301-3670 •(503) 588-5220 • Fax (503) 373-4367 <br />