The city is furnished with an "appraisal" of the grand chandelier by Helaine Fendelman, an "appraisal" based not upon her personal inspection of the fixture but rather upon a photograph of an intact, fully-functioning chandelier.

The actual chandelier being purchased by the city was missing parts and had been disassembled and stored in boxes since 1967 in Kirkland, Washington.

The city council approves no-bid contracts with New Metal Crafts of Chicago for the enhancement and restoration of the grand chandelier, for the building of another grand chandelier, and for the purchase and restoration of 7 additional chandeliers (including packing and delivery from Chicago), for a total sum of $192,136.

The city council votes to accept a bid by Pickus Construction (The Pickus Companies) for the Genesee Theatre renovation construction work, scheduled for completion in the GSI contract within the next three months.

GSI determines that Pickus has submitted the "low bid" and is the "lowest responsible bidder."

In GSI's opinion, the lack of breakdown of bidding components in the Pickus bid is not material, and the city so finds and authorizes the execution of a contract with Pickus.

The city enters into a construction contract with Pickus that can be modified only by a written amendment signed by both parties to the contract, a change order, a construction change directive, or a written order for minor change issued by GSI.

The contract sum is $5,539,591, subject to additions and deductions as authorized by the construction contract.

The city's designated representative is again Ray Vukovich, and Pickus' designated representative is R. Grabowski, V.P.

Pickus has the sole responsibility to supervise and direct the construction work, and if GSI is terminated, the city will hire a new architect against whom Pickus has no reasonable objection.

GSI will administer the construction contract and review and certify all amounts due Pickus, with the right to reject work if it is not in conformity to the contract.

GSI will prepare any change orders or construction change directives and may authorize minor changes on its own.

Pickus will be responsible for all subcontractors and other contractors involved in the project.

A change order is a written instrument prepared by GSI and signed by the city, GSI, and Pickus, stating their agreement on a change in work and the amount of any adjustment in the contract sum or the extent of any adjustment in the contract time.

A construction change directive is a written order prepared by GSI and signed by the city and GSI, directing a change in work and any adjustment in the contract sum or contract time, to be used if a change order cannot be agreed upon.

The contract time is the time allotted for the substantial completion of the work, with the date of commencement of work being the date of the contract.

Time limits are of the essence of the contract, and by signing the contract Pickus agrees that the contract time is a reasonable period for doing the work.

Pickus will proceed expeditiously with adequate forces and will achieve substantial completion within the contract time.

The contract sum, including authorized adjustments, is the total amount payable by the city to Pickus for the performance of the construction work.

GSI may withhold periodic certificates of payment to Pickus in whole or in part to protect the city from defective work, third party claims, subcontractor claims, or upon evidence that the work will not be performed within the contract time.

Substantial completion is the stage when the city can occupy or utilize the construction work for its intended purpose.

Pickus will achieve substantial completion of the Genesee Theatre renovation not later than 300 calendar days from the date of the contract (which is by mid-June of 2003).

All change orders that increase the value of the construction contract or modify the time to completion must be approved by the city council.

The contract section requiring Pickus to furnish the city with payment and performance bonds to protect public funds is stricken, even though there are legal requirements that such bonds be furnished for all public construction projects.