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HomeMy WebLinkAboutC23-026 Colorado Mtn. College-Anderson Mason Dale_fifth amendment Page 1 of 3 FIFTH AMENDMENT TO COLORADO MOUNTAIN COLLEGE AND ANDERSON MASON DALE ARCHITECT AGREEMENT THIS FIFTH AMENDMENT (the “Fifth 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 Fifth Amendment is intended to incorporate additional services for design work to provide civil engineering re-design services and local jurisdiction coordination and architectural services for additional local jurisdiction coordination. 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, Second Amendment dated May 24, 2022, Third Amendment dated June 23, 2022 and Fourth Amendment dated June 27, 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; and C. 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 Fifth Amendment consists of the payments, which shall be made pursuant to this Fifth Amendment and the promises, and agreements herein set forth. 2. It is expressly agreed by the parties that this Fifth 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 Fifth 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 Agreement shall be amended to add on services in the amount of $25,200 for civil engineering re-design services and local jurisdiction coordination related to civil scope for the Breckenridge, Edwards and Steamboat Springs Student Housing projects. Further, the additional service request provides architectural services for additional local jurisdiction coordination for the Edwards Student Housing Project. The breakdown per campus is as follows and as further described on Exhibit A attached hereto and incorporated by reference: DocuSign Envelope ID: 11217473-7F5E-4574-A8CB-9CD50D47B4DD Page 2 of 3 i. Edwards $11,598.13 ii. Breckenridge Phase 2 $3,348.13 iii. Steamboat $1,963.12 iv. Edwards Phase 2 $8,290.62 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 Fourth Amendment $88,024 $90,599 $5,600 $184,223 Fifth Amendment $25,200 $25,200 Contract Sum (To Date): $1,701,934 4. Except with respect to the “Special Provisions,” in the event of any conflict, inconsistency, variance, or contradiction between the provisions of this Fourth Amendment and any of the provisions of the Agreement, the provisions of this Fourth 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: _____________________________ _________________________________ By: Julie S. Hanson Title: Director of Purchasing & Contracts Date: _____________________________ DocuSign Envelope ID: 11217473-7F5E-4574-A8CB-9CD50D47B4DD 1/12/2023 Andrew Nielsen Vice President 1/25/2023 1/25/2023 Page 3 of 3 ACKNOWLEDGED AND AGREED TO AS TO EDWARDS PHASE 2: The Town hereby acknowledges and agrees to the terms and conditions stated herein and assumes obligation for payment of the additional fees agreed upon in this Fifth Amendment. ____________________________ By: _________________________ Title: ________________________ Date: ________________________ DocuSign Envelope ID: 11217473-7F5E-4574-A8CB-9CD50D47B4DD Kathy Chandler-Henry 1/24/2023 County Commissioner 3198 Speer Boulevard Denver Colorado 80211 303 294 9448 Fax 303 294 0762 www.amdarchitects.com Paul S. Haack, AIA Andrew G. Nielsen, FAIA David C. Pfeifer, AIA Joey Carrasquillo, AIA John Graham, AIA Cathy Bellem, AIA Ben Blanchard, AIA Erin Hillhouse, AIA Gillian H. Johnson, LEED AP ID+C Suzanne D. Minear, AIA James R. Taylor, AIA John D. Anderson, FAIA, 1926 - 2017 Ronald L. Mason, FAIA, Emeritus Curt. F. Dale, FAIA, 1945 - 2003 Dan Bishop, AIA John Everin, AIA Stephan Hall, AIA Ryan Lutz, AIA Kristin O’Connell, Assoc. AIA Cynthia Ottenbrite, AIA Julie Zurakowski, AIA Luc Bamberger, AIA Michael Bucher, AIA Jenna Michieli, AIA Beth Mosenthal, AIA Stephen Showalter, AIA Katie Spicer, AIA Todd Swarts, AIA Matt Weaver, AIA Zack Writer, AIA December 1, 2022 Sean Nesbitt, Director of Facilities Colorado Mountain College scnesbitt@coloradomtn.edu RE: Additional Service 007, REV1 Civil Rework and Edwards Jurisdiction Coordination CMC Student Housing | AMD PROJECT #21-157 Dear Sean, The following is an Additional Service request to provide Civil Engineering re-design services and local jurisdiction coordination related to civil scope for the Breckenridge, Edwards and Steamboat Springs Student Housing projects. Further, the additional service request provides Architectural services for additional local jurisdiction coordination for the Edwards Student Housing project. Scope of Work Summary R&R Design Scope associated with the Additional Service: · Edwards Phase 1 rework (Phase 2) ASI-2 · Breckenridge Phase 1 rework (Phase 2) ASI-5 · Edwards ERWSD Comments round #2 ASI-9 r1 · Edwards ERWSD Comments round #3 ASI-9 r2 · Steamboat Water Comments ASI-11 9/16/2022 · Steamboat Water Comments ASI-11-REV 10/21/22 · Steamboat Water Comments ASI-11-REV 10/28/22 AMD Design Scope associated with Additional Service: · Eagle County FONSI and Berry Creek Miller Ranch (BMCR) PUD applications and review previously not anticipated with the original project scope of work. Efforts include: o Coordination and review meetings o Research into supporting reference documents including the Eagle County Guidelines and Regulations for Matters of State Interest and the BCMR Design Guidelines o Development of application specific exhibits and compilation of the FONSI pre-application and final formal application and formal submission for the BCMR PUD review Fee We propose to provide these services for a total fee of $25,200.00. This fee is comprised of a fixed fee of $7,200.00 for AMD Architects and a time and expense fee for R&R not to exceed $18,000.00. To date, R&R has expended $15,617.50 EXHIBIT A DocuSign Envelope ID: 11217473-7F5E-4574-A8CB-9CD50D47B4DD Page 2 of the proposed $18,000.00 topset. We are proposing the topset to cover any remaining civil coordination on the Phase 1 projects for efforts outside the base CA services. The fee breakout is a follows: Schedule The work listed above has already been completed and issued. The work has been incorporated into the CMC Student Housing document set and the work will be completed under the General Contract for Construction. We appreciate the opportunity to provide our professional services to you and look forward to completing our efforts on this project. Please let us know if you have any questions. Sincerely, Cynthia Ottenbrite, AIA Senior Associate Cc: John Graham Scope AMD R&R TOTAL FEE by TASK Civil Scope Redesign and Permitting 18,000 18,000 Edwards Phase 2 Civil Rework ASI-2 7,687.50 Breckenridge Phase 2 Civil Rework ASI-5 2,745.0 Edwards ERWSD Comments ASI-9 3,795.0 Steamboat Water Comments ASI-11 1,360.0 Contingency 2,412.50 Edwards Jurisdiction Coordination 7,200 7,200 FONSI Application - Berry Creek PUD Application - 7,200 18,000 - 25,200 ASR007 - Civil Revisions and ED Jurisdiction Coord Total Lump Sum Fee Total Reimbursable Expenses TOTAL COMPENSATION Total T&E Fee AMD Architects Fee Summary Position Rate/Hour Hours Total Project Manager 192$ 16 3,072$ Architect III 172$ 24 4,128$ Total 7,200$ EXHIBIT A DocuSign Envelope ID: 11217473-7F5E-4574-A8CB-9CD50D47B4DD