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HomeMy WebLinkAboutC22-239 CMC - Anderson Mason Dale Architect_Third Amendment Page 1 of 3 THIRD AMENDMENT TO COLORADO MOUNTAIN COLLEGE AND ANDERSON MASON DALE ARCHITECT AGREEMENT THIS THIRD AMENDMENT (the “Third Amendment”) is entered into by and between COLORADO MOUNTAIN COLLEGE (the “College” or “CMC”) and ANDERSON MASON DALE (“Architect/Engineer”). EFFECTIVE DATE AND NOTICE OF NONLIABILITY. This Third Amendment is intended to incorporate additional services for design work to revise from one building per campus to two buildings at the Edwards Campus. The College shall not be liable to pay or reimburse Architect / Engineer for any performance hereunder or be bound by any provision hereof prior to the Effective Date. FACTUAL RECITALS A. The parties entered into an Architect Agreement dated August 31, 2021 with a First Amendment dated March 9, 2022 and Second Amendment dated May 24, 2022 (the “Agreement”) for the design of a student housing project at its Breckenridge, Edwards, Spring Valley and Steamboat campuses (the “Project”); B. The parties now desire to amend the Agreement to include additional services for the addition of a second building at the Edwards campus; and C. The design and construction of the second building is on behalf of and for the benefit of the Eagle County Housing and Development Authority (“ECHDA”) and CMC is acting as the contracting party and primary contact with Architect/Engineer. D. Authority exists and funds have been budgeted, appropriated, and otherwise made available and a sufficient unencumbered balance thereof remains available for payment NOW THEREFORE, it is hereby agreed that AGREEMENT 1. Consideration for this Third Amendment consists of the payments, which shall be made pursuant to this Third Amendment and the promises, and agreements herein set forth. 2. It is expressly agreed by the parties that this Third Amendment is supplemental to the Agreement, as amended, which is by this reference incorporated herein, that all terms, conditions, and provisions thereof, unless specifically modified herein, are to apply to this Third Amendment as though they were expressly re-written, incorporated, and included herein. 3. It is agreed the Agreement is and shall be modified, altered, and changed in the following respects only: a. The Architect/Engineer’s scope of work shall be amended to add in the design of an identical Edwards Phase 1 Student Housing Building on the proposed Phase 2 site DocuSign Envelope ID: A4E2C5E5-E147-4847-9FDE-D3AEAC8732D2 Page 2 of 3 and associated parking expansion as coordinated on the architectural site plan issued for Phase 1 as described on Exhibit A attached hereto and incorporated by reference. b. The Parties hereby agree to proceed with the Schedule 1 – “May Start” option as described in Exhibit A and shall not proceed with the Schedule 2 – “July Start” option. c. The Parties hereby agree that payment of any fees under this Third Amendment are to be paid exclusively from funds paid to CMC by ECHDA and that ECHDA is a third party beneficiary to the Agreement and is the obligor to Architect/Engineer with respect to payment of the additional fees stated herein. CMC shall not be liable to Architect/Engineer for payment of the additional fees stated herein unless such funds have been received by CMC from ECHDA. DESCRIPTION OF CHANGES Programming Schematic Design Design Development Construction Documents Construction Administration and Close Out Reimbursables Total Contract Sum Agreement $55,900 $107,100 $201,200 $263,230 $568,570 $66,000 $1,262,000 First Amendment $28,000 $28,000 Second Amendment $28,850 $28,850 Third Amendment $85,524 $82,537 $5,600 $173,661 Contract Sum (To Date): $1,492,511 4. Except with respect to the “Special Provisions,” in the event of any conflict, inconsistency, variance, or contradiction between the provisions of this Third Amendment and any of the provisions of the Agreement, the provisions of this Third Amendment shall in all respects supersede, govern, and control. The “Special Provisions” shall always be controlling over other provisions in Agreement or Amendments. 5. FINANCIAL OBLIGATIONS OF THE COLLEGE PAYABLE AFTER THE CURRENT FISCAL YEAR ARE CONTINGENT UPON FUNDS FOR THAT PURPOSE BEING APPROPRIATED, BUDGETED, AND OTHERWISE MADE AVAILABLE. THE PARTIES HERETO HAVE EXECUTED THIS AMENDMENT Persons signing for Architect/Engineer hereby swear and affirm that they are authorized to act on Architect/Engineer’s behalf and acknowledge that the College is relying on their representations to that effect. Principal is not a recognized title and will not be accepted. ARCHITECT/ENGINEER COLORADO MOUNTAIN COLLEGE Anderson Mason Dale _____________________________________ _________________________________ By:__________________________________ By: Matt Gianneschi Title: ________________________________ Title: COO and Chief of Staff Date: _________________________________ Date: _____________________________ DocuSign Envelope ID: A4E2C5E5-E147-4847-9FDE-D3AEAC8732D2 Vice President Andrew Nielsen 6/8/2022 6/23/2022 Page 3 of 3 _________________________________ By: Julie S. Hanson Title: Director of Purchasing & Contracts Date: _____________________________ ACKNOWLEDGED AND AGREED TO: ECHDA hereby acknowledges and agrees to the terms and conditions stated herein and assumes obligation for payment of the additional fees agreed upon in this Third Amendment. ____________________________ By: Jeanne McQueeney Title: Commissioner Date: ________________________ DocuSign Envelope ID: A4E2C5E5-E147-4847-9FDE-D3AEAC8732D2 6/7/2022 6/23/2022 • • • • • • • • • • EXHIBIT ADocuSign Envelope ID: A4E2C5E5-E147-4847-9FDE-D3AEAC8732D2 EXHIBIT ADocuSign Envelope ID: A4E2C5E5-E147-4847-9FDE-D3AEAC8732D2 EXHIBIT ADocuSign Envelope ID: A4E2C5E5-E147-4847-9FDE-D3AEAC8732D2 EXHIBIT ADocuSign Envelope ID: A4E2C5E5-E147-4847-9FDE-D3AEAC8732D2