HomeMy WebLinkAbout101137 PINKARD - CONTRACT - CONTRACT - 29609FIRST WRITTEN AMENDMENT TO THE
P983 NORTHSIDE AZTLAN CENTER DESIGN/BUILD AGREEMENT
This First Written Amendment to the P983 Northside Aztlan Center
Design/Build Agreement is entered into by and between the City of Fort Collins,
Colorado, a municipal corporation (the "Owner"), and Pinkard Construction Co., (the
"Design/Builder").
1. Owner and Design/Builder entered into the P983 Northside Aztlan Center
Design/Build Agreement dated August 2, 2005 for the design and
construction of a 49,980 square foot Northside Aztlan Center located at 112
East Willow Street, Fort Collins, CO (the "Project").
2. Design/Builder has identified unprecedented cost escalations in the materials
to construct the Project and has asked Owner to amend the Guaranteed
Maximum Price (the "GMP").
3. Owner agrees with Design/Builder that materials necessary to construct the ------
Project have undergone cost escalation higher than the average annual
historical level, and in this isolated instance can agree to amend the contract
GMP.
4. Therefore, the parties agree to amend the Agreement as follows:
a. By modifying Section 7.01 of Article 7. GUARANTEED MAXIMUM
PRICE by deleting the present language and adding the following:
7.01 DESIGNIBUILDER guarantees that the maximum obligation of
OWNER for the su,n of the Cost of the Work plus the
DESIGNIBUILDER's Fee will not exceed $8,292,616 (the
"GMP", which includes $727,000 for Design Professional
Services, Preconstruction Services, and reimbursables) subject to
increases or decreases for changes in the Work. Any unused
contingency shall be shared as provided in Paragraph 7.02.
b. By modifying Section 12.01 of Article 12. CONTRACT
DOCUMENTS by adding the following subparagraph L:
L. The Design Build Estimate dated July 25, 2005, is amended in
the following respects:
1. The parties agree that the sum of $199,114, which is the
additional contribution of funds by OWNER to increase the
GMP, is allocated to construction line items.
2. The parties agree that the Project Contingency line item is
reduced by $180,000.00 to $104,958 and the parties agree the
$180,000 is allocated to construction line items.
3. The parties agree that DESIGN/BUILDER shall reduce its
Builder's Fee line item by $60,000 to $285,267 and allocate the
$60,000 to construction line items.
4. The parties agree to scope reductions and value engineering per
Attachment #1.
5. All other provisions of the Agreement shall remain in full force and effect
unless modified by a subsequent amendment.
THE CITY OF FORT COLLINS, COLORADO
By �!
Jam9B'NeHjI1 II, CPPO, FNIGP
Director of Purchasing and Risk Management
Date:
James W inkard, Jr., President
Da :
A
Corporate Secretary