Laserfiche WebLink
jf ~ f ~ <br />0.-' ~ 't <br />Marion County <br />OREGON <br />OFFICE OF LEGAL COUNSEL <br />LEGAL COUNSEL November 10, 1999 <br />Michael J. Hansen <br />BOARD OF <br />COMMISSIONERS <br />Randall Franke To: Bill Wasso Pro ect Coordinator for Courthouse S <br />y ~ <br /> <br />Patti Milne uare <br />~ Q <br />Mike Ryan Randy Curtis, Facilities Manager for Marion County <br />ASSISTANT LEGAL <br />couNSe~ From: Michael J. Hansen <br /> <br />Bruce T. Armstrong <br />Timothy T.A. Jensen C~~ <br />~ ~~~~~ <br />Marion County Legal Counsel <br />Gloria M. Roy <br />Jane Ellen Stonecipher <br /> Re: Courthouse Square-Cost Sharing Formula <br />You have asked two questions: <br />~~~~~~ <br />What is the current agreement between the county and the transit district for <br />sharing costs due to change orders to the bus ma11? <br />2. What is the current agreement between the county and the transit district for <br />sharing costs for maintenance of the bus ma11 after construction is complete? <br />The short answers are: <br />1. The general agreement, as amended, provides that the county and the transit <br />district will share total project costs as follows: 69.36% county and 30.64% <br />transit district. Project costs include common expenses. At issue is the cost <br />of construction for project improvements included in the general construction <br />contract. If a change order results in a change in a project improvement, <br />paragraph 4.5 (iv) of the Intergovernmental Development Agreement provides <br />that the cost or credit will be charged as the Project Coordinators agree. The <br />Project Coordinators have three options: Assign the cost to one of the parties. <br />Assign the credit to one of the parties. Split the cost or credit as they deem <br />appropriate. The change order is to be marked on how the parties will assign <br />the costs and credits. <br />2. Under the condominium agreement, Exhibit A, the bus mall is a unit owned <br />wholly by the transit district. The cost of maintenance of the bus mall is <br />wholly a transit district cost. The transit district must also pay 100% of the <br />cost of maintenance on the upper half of the ceiling slab, and 50% of the cost <br />530 Center Street NE, Sufte 312 . Salem, Oregon 97301-3670 .(503) 58&5220 . Fax (503) 373-4367 . www.open.org/marion <br />