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HomeMy WebLinkAboutC23-381 CMC - Anderson Mason Dale_eighth amendmentPage 1 of 3 EIGHTH AMENDMENT TO COLORADO MOUNTAIN COLLEGE AND ANDERSON MASON DALE ARCHITECT AGREEMENT THIS EIGHTH AMENDMENT (the “Eighth 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 Eighth 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, Sixth Amendment dated January 25, 2023 and Seventh Amendment dated September 21, 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 Eighth Amendment consists of the payments, which shall be made pursuant to this Eighth Amendment and the promises, and agreements herein set forth. 2.It is expressly agreed by the parties that this Eighth 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 Eighth 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.Add on services in the amount of $8,556 for plumbing design services for each of the housing buildings as further described on Exhibit A attached hereto and incorporated by reference. b.Add on services in the amount of $8,380 for additional technology services for Phase 1 housing projects as further described on Exhibit A attached hereto and incorporated by reference. DocuSign Envelope ID: 3B6D543D-FE42-4EE8-BDB8-BADFD3802EE4 Page 2 of 3 c.Add on services in the amount of $5,995 for stand-alone trash enclosure servicing the Edwards Phase 2 housing project. 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 Eighth Amendment $22,931 $22,931 Contract Sum (To Date): $1,737,642 4.The additional funds shall be split and paid for as follows: Colorado Mountain College: $18,222.30 Eagle County Housing Development Authority: $4,708.70 5.Except with respect to the “Special Provisions,” in the event of any conflict, inconsistency, variance, or contradiction between the provisions of this Eighth Amendment and any of the provisions of the Agreement, the provisions of this Eighth Amendment shall in all respects supersede, govern, and control. The “Special Provisions” shall always be controlling over other provisions in Agreement or Amendments. 6.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. DocuSign Envelope ID: 3B6D543D-FE42-4EE8-BDB8-BADFD3802EE4 Page 3 of 3 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: _____________________________ 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 Eighth Amendment. ____________________________ By: Title: Commissioner Date: ________________________ DocuSign Envelope ID: 3B6D543D-FE42-4EE8-BDB8-BADFD3802EE4 12/5/2023 Vice President Andrew Nielsen 12/5/2023 12/5/2023 12/5/2023 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 September 25, 2023 Sean Nesbitt, Director of Facilities Colorado Mountain College scnesbitt@coloradomtn.edu RE: Additional Service 011 All (5) Buildings – New Utility Sink CMC Student Housing | AMD PROJECT #21-157 Dear Sean, The following is an Additional Service request to provide plumbing design services for all (5) housing projects as follows: · Design new utility sink in the second-floor mechanical room within all 5 housing projects, including construction documents and specification(s). · Review a common set of product submittals. · Perform (1) construction observation for the installations once complete (performed by Cator Ruma). Construction observation not included for architectural review. Fee We propose to provide these services for a total fee of $8,556.00. The fee breakout is a follows: ASR011 - Utility Sinks Scope AMD CRA TOTAL FEE by TASK Construction Documents (ASI) 2,104 2,300 4,404 Cator Ruma - Plumbing 2,300 AMD - Design Coordination and Management 2,104 Construction Administration 1,052 3,100 4,152 Cator Ruma - Plumbing 3,100 AMD - Design Coordination and Management 1,052 Total Lump Sum Fee 8,556 Total Reimbursable Expenses - TOTAL COMPENSATION 8,556 EXHIBIT A DocuSign Envelope ID: 3B6D543D-FE42-4EE8-BDB8-BADFD3802EE4 Page 2 Reimbursables Reimbursable expenses are included in the project fee. Schedule The design will be documented as Architects Supplemental Information (ASI), ASI-25 for the Phase 01 projects and ASI-E2.6 for the Edwards Phase 2 project. This scope of work will be 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 EXHIBIT A DocuSign Envelope ID: 3B6D543D-FE42-4EE8-BDB8-BADFD3802EE4 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 October 23, 2023 Sean Nesbitt, Director of Facilities Colorado Mountain College scnesbitt@coloradomtn.edu RE: Additional Service 012 Phase 1 Buildings – IT Backwalk CMC Student Housing | AMD PROJECT #21-157 Dear Sean, The following is an Additional Service request to perform technology additional services for the Phase 1 housing projects (4 buildings) as follows: ·Backwalk the IT work at all four campuses when complete, including telecom closet and fiber connections. We recommend that CMC IT staff join at least one of these backwalks to ensure the best coordination ·We anticipate that two individuals will spend two full days to complete this work, equating to a 1/2 day inclusive of travel at each of the 4 buildings o Chuck Kaffine, RCDD: Subject matter expert o Ed Sander-Cederlof, SET: Electrical Contract Administrator ·Conditional requirements prior to scheduling and completion of the backwalk o CMC IT Staff/ Contractor guarantee access to both the housing building and any connected IT rooms on campus prior to CRA travel o Contractor provides signed-off observation reports showing previous deficiencies for technology systems have been corrected o Contractor provides testing reports per Division 27 specifications Fee We propose to provide these services for a total fee of $8,380.00. EXHIBIT A DocuSign Envelope ID: 3B6D543D-FE42-4EE8-BDB8-BADFD3802EE4 Page 2 The fee breakout is a follows: Reimbursables Reimbursable expenses are included in the project fee. Schedule The backwalk for each building will be documented with a field observation report. This scope of work will be incorporated into the CMC Student Housing document set and any cited deficient 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 CRA TOTAL FEE by TASK Construction Administration 880 7,500 8,380 Cator Ruma - Technology 7,500 AMD - CA Coordination and Management 880 8,380 - 8,380 ASR012 - Phase 1 Technology Backwalks Total Lump Sum Fee Total Reimbursable Expenses TOTAL COMPENSATION EXHIBIT A DocuSign Envelope ID: 3B6D543D-FE42-4EE8-BDB8-BADFD3802EE4 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 November 7, 2023 Sean Nesbitt, Director of Facilities Colorado Mountain College scnesbitt@coloradomtn.edu RE: Additional Service 013 Edwards Phase 2 Building – Trash Enclosure CMC Student Housing | AMD PROJECT #21-157 Dear Sean, The following is an Additional Service request for documentation to add a stand-alone trash enclosure servicing the Edwards Phase 2 housing project. The location has been coordinated with both Eagle County and Colorado Mountain College via email correspondence on October 24, 2023. The design will match the enclosure approved for the Edwards Phase 1 project. The scope of work includes: · Modify current plans and base files to include concrete pad and trash enclosure comprising both civil and architectural scope and documentation. · The geotechnical report provides the concrete section detail for the proposed trash enclosure. · Revised and/or new plans anticipated to consist of: o C050 – Demolition Plan (new) o C100 – Site, Paving & Signage Plan (revised) o C110 – Horizontal Control & Striping Plan (revised) o C112 – Site Details (revised) o C200 – Overall Grading Plan (revised) o C201 – Detailed Grading Plan (revised) o C400 – Erosion Control Plan (revised) o A-100-ED2 – Site Plan – ED2 (revised) · It is anticipated that no drainage letter will be required as part of this scope of work. · Shop drawing review and (1) architectural punch walk for the trash enclosure, once completed, is included. Fee We propose to provide these services for a total fee of $5,995.00. EXHIBIT A DocuSign Envelope ID: 3B6D543D-FE42-4EE8-BDB8-BADFD3802EE4 Page 2 The fee breakout is a follows: Reimbursables Reimbursable expenses are included in the project fee. Schedule This scope of work will be incorporated into the CMC Student Housing document set and any cited deficient 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 M/M TOTAL FEE by TASK Construction Administration 3,480 2,515 5,995 Martin/Martin - Civil 2,515 AMD - ASI Revisions and CA support 3,480 5,995 - 5,995 ASR013 - Edwards Phase 2 Trash Enclosure Total Lump Sum Fee Total Reimbursable Expenses TOTAL COMPENSATION EXHIBIT A DocuSign Envelope ID: 3B6D543D-FE42-4EE8-BDB8-BADFD3802EE4