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HomeMy WebLinkAboutC23-287 Colorado Mtn. College-Anderson Mason Dale_seventh amendment Page 1 of 3 SEVENTH AMENDMENT TO COLORADO MOUNTAIN COLLEGE AND ANDERSON MASON DALE ARCHITECT AGREEMENT THIS SEVENTH AMENDMENT (the “Seventh 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 Seventh Amendment is intended to incorporate additional services for design work to provide civil engineering re-design services for the Breckenridge Phase 1 project, incorporating Phase 2 design elements. 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, Fourth Amendment dated June 27, 2022, Fifth Amendment dated January 25, 2023 and Sixth Amendment dated January 25, 2023 (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 Seventh Amendment consists of the payments, which shall be made pursuant to this Seventh Amendment and the promises, and agreements herein set forth. 2. It is expressly agreed by the parties that this Seventh 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 Seventh 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 $5,000.00 for plan of existing raw water main relocation and necessary submittals and jurisdictional reviews for the Edwards Phase 2 project, incorporating Phase 2 design elements as further described on Exhibit A attached hereto and incorporated by reference. DocuSign Envelope ID: 82C60089-E77E-4BDD-971F-A3F6C78ED2C9 Page 2 of 3 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 Sixth Amendment $4,708 $3,069 $7,777 Seventh Amendment $5,000 $5,000 Contract Sum (To Date): $1,714,711 4. Except with respect to the “Special Provisions,” in the event of any conflict, inconsistency, variance, or contradiction between the provisions of this Seventh Amendment and any of the provisions of the Agreement, the provisions of this Seventh 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: 82C60089-E77E-4BDD-971F-A3F6C78ED2C9 Andrew Nielsen Vice President 9/12/2023 9/21/2023 9/21/2023 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 Seventh Amendment. ____________________________ By: Title: Commissioner Date: ________________________ DocuSign Envelope ID: 82C60089-E77E-4BDD-971F-A3F6C78ED2C9 Matt Scherr 9/12/2023 • • • • EXHIBIT A DocuSign Envelope ID: 82C60089-E77E-4BDD-971F-A3F6C78ED2C9 EXHIBIT A DocuSign Envelope ID: 82C60089-E77E-4BDD-971F-A3F6C78ED2C9