Interim Architect Agreement/Contract

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ADDENDUM TO INTERIM AGREEMENT FOR ARCHITECTURAL SERVICES Agreement made, effective as of May 1, 1998, by and between Marion County, a political subdivision and body politic of the state of Oregon, and the Salem Area Mass Transit District, 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 agree as follows: 1. Owner and Architect entered into an Interim Agreement for Architectural Services dated October 24, 1997. Since the date of that agreement, the parkies have discussed the scope of the services to be rendered by Architect, the contract procurement guidelines of the Federal Transit Administration, and the extent of credit for payments for prior services that should be applicable to Arctutect's services under the Interim Agreement and the final agreement for architectural services (which final agreement is attached as Exhibit A to the Interim Agreement). 2. T'he parties desire to amend the Interim Agreement as set forth herein. 3. Paragraph 4 of the Interim Agreement is hereby amended to read as follows: 4. The parties expect construction to begin on or about December 1, 1998, and to be completed on or aoout July 1, 2000. Both parties agree that the Architect's fee is to be not more than 6% of hard costs. Excepting only amounts that are separately itemized by Architect to Owner in detailed billing statements for extra services performed by Architect beyond the scope of basic services, and consisting of representation of Owner at public meetings and at public presentations since November 1, 1997 (the amount of which as of the date of this Agreement is $28,902.50), the parties agree that $180,421 of the sums paid or payable to Architect for services rendered prior to July 28, 1997 and all of the amounts paid or payable to Architect for services rendered on and after July 28, 1997 shall be applied as a credit against the amount of the fee payable to Architect under any final agreement retaining Arclutect as the architect for the project. Following completion of the review~and recommendations of the Owner's joindy appointed advisory panel, known as the Special Project Oversight Committee, and upon Owner's decision to proceed with the project, the Owner and Architect agree to execute an agreement in the form attached hereto as Exhibit A. The execution of the final agreement for arclutectural services, atta~hed as Exhibit A or in such form as may be subsequently modified and mutually agreed upon by the parties, shall not supersede the tern~s of this Agreement, and this Agreement shall remain in full force and effect. 4. Pazagraph 6b and 6c of the Interim Agreement is hereby amended to read as follows: b. Preparation of schematic, design development and construction documents, sufficient for the bidding and award of a general construction contract based on sealed bids, in consultation with, and Courthouse Square Project Addendum to Architect Interim Agreement Page - 1