No preview available
HomeMy WebLinkAboutC22-327 CMC_Dynamic Program Management_first amendment Page 1 of 3 FIRST AMENDMENT TO COLORADO MOUNTAIN COLLEGE AND DYNAMIC PROGRAM MANAGEMENT, LLC PROJECT MANAGEMENT AGREEMENT THIS FIRST AMENDMENT (the “First Amendment”) is entered into by and between COLORADO MOUNTAIN COLLEGE (the “College” or “CMC”) and DYNAMIC PROGRAM MANAGEMENT, LLC (“Project Manager”). EFFECTIVE DATE AND NOTICE OF NONLIABILITY. This First 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 Project Manager for any performance hereunder or be bound by any provision hereof prior to the Effective Date. FACTUAL RECITALS A. The parties entered into a Project Management Agreement dated August 31, 2021 (the “Agreement”) for construction project management services for 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 Project Manager. 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 First Amendment consists of the payments, which shall be made pursuant to this First Amendment and the promises, and agreements herein set forth. 2. It is expressly agreed by the parties that this First 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 First 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 Project Manager’s scope of work shall be amended to add in the project and construction management services described in the Agreement for an additional building on the proposed Phase 2 site location on the architectural site plan. b. The Project Manager’s fee shall be as described on Exhibit A attached hereto and incorporated by reference. c. The Project Manager shall package all invoices specific to ECHDA each month and send to the College. The College will then forward on to ECHDA stating they have been           Page 2 of 3 reviewed and approved. ECHDA will then pay the Project Manager directly in conformance with the Agreement.. d. The Parties hereby agree that payment of any fees under this First Amendment are to be paid exclusively from ECHDA funds and that ECHDA is a third party beneficiary to the Agreement and is the obligor to Project Manager with respect to payment of the additional fees stated herein. CMC shall not be liable to Project Manager for payment of the additional fees stated herein unless such funds have previously been received by CMC from ECHDA. Planning Phase Design Phase Construction Phase Project Closeout Phase Reimbursable Expenses Total Contract Sum Agreement $23,945 $171,825 $391,155 Included in Construction Phase $17,500 $604,425 First Amendment $9,344 $70,605 $9,731 $3,500 $93,180 Contract Sum (To Date): $697,605 4. Except with respect to the “Special Provisions,” in the event of any conflict, inconsistency, variance, or contradiction between the provisions of this First Amendment and any of the provisions of the Agreement, the provisions of this First 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 Project Manager hereby swear and affirm that they are authorized to act on Project Manager’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. PROJECT MANAGER COLORADO MOUNTAIN COLLEGE DYNAMIC PROGRAM MANAGEMENT _____________________________________ _________________________________ By:__________________________________ By: Matt Gianneschi Title: ________________________________ Title: COO and Chief of Staff Date: _________________________________ Date: _____________________________ _________________________________ By: Julie S. Hanson Title: Director of Purchasing & Contracts Date: _____________________________                  Page 3 of 3 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 First Amendment. ____________________________ By: Jeanne McQueeney Title: Commissioner Date: ________________________            &ĞĞͬDŽŶƚŚ ηDŽŶƚŚƐ dŽƚĂů&ĞĞ Ψϯ͕ϭϭϱ ϯ Ψϵ͕ϯϰϰ &ĞĞͬDŽŶƚŚ ηDŽŶƚŚƐ dŽƚĂů&ĞĞ Ψϰ͕ϭϱϯ ϭϮ Ψϰϵ͕ϴϯϵ &ĞĞͬDŽŶƚŚ ηDŽŶƚŚƐ dŽƚĂů&ĞĞ Ψϲ͕ϵϮϮ ϯ ΨϮϬ͕ϳϲϲ &ĞĞͬDŽŶƚŚ ηDŽŶƚŚƐ dŽƚĂů&ĞĞ Ψϯ͕Ϯϰϰ ϯ Ψϵ͕ϳϯϭ WŚĂƐĞ &ĞĞ WƌĞĐŽŶƐƚƌƵĐƚŝŽŶ Ψϵ͕ϯϰϰ ŽŶƐƚƌƵĐƚŝŽŶͲKǀĞƌůĂƉƉŝŶŐ Ψϰϵ͕ϴϯϵ ŽŶƐƚƌƵĐƚŝŽŶ ΨϮϬ͕ϳϲϲ DŽǀĞͲŝŶͬůŽƐĞKƵƚ Ψϵ͕ϳϯϭ dŽƚĂůKǁŶĞƌΖƐZĞƉ Ψϴϵ͕ϲϴϬ ZĞŝŵďƵƌƐĂďůĞƐ Ψϯ͕ϱϬϬ dŽƚĂů&ĞĞWƌŽƉŽƐĂů Ψϵϯ͕ϭϴϬ ŽŶƐƚƌƵĐƚŝŽŶ͗^ĞƉƚĞŵďĞƌϮϬϮϯͲEŽǀĞŵďĞƌϮϬϮϯ ůŽƐĞŽƵƚ͗ĞĐĞŵďĞƌϮϬϮϯͲ&ĞďƌƵĂƌLJϮϬϮϰ dŽƚĂůKǁŶĞƌΖƐZĞƉ&ĞĞƐ ŽůŽƌĂĚŽDŽƵŶƚĂŝŶŽůůĞŐĞͲ^ƚƵĚĞŶƚ,ŽƵƐŝŶŐWƌŽũĞĐƚƐͲĚǁĂƌĚƐƵŝůĚŝŶŐ KǁŶĞƌΖƐZĞƉƌĞƐĞŶƚĂƚŝǀĞ&ĞĞ^ƵŵŵĂƌLJΘ/ŶǀŽŝĐŝŶŐ^ĐŚĞĚƵůĞ LJŶĂŵŝĐWƌŽŐƌĂŵDĂŶĂŐĞŵĞŶƚ :ƵŶĞϭƐƚ͕ϮϬϮϮ WƌĞĐŽŶƐƚƌƵĐƚŝŽŶ͗:ƵŶĞϮϬϮϮͲƵŐƵƐƚϮϬϮϮ ŽŶƐƚƌƵĐƚŝŽŶ͗^ĞƉƚĞŵďĞƌϮϬϮϮͲƵŐƵƐƚϮϬϮϯͲKǀĞƌůĂƉƉŝŶŐǁŝƚŚƵŝůĚŝŶŐηϭ EXHIBIT A