Palace Crest View ES CMGC Amendment No. 1 GMP.pdf (377 KB)

​FIRST AMENDMENT TO​ ​CONSTRUCTION MANAGEMENT/GENERAL CONTRACTOR AGREEMENT​ ​for CREST VIEW ELEMENTARY SCHOOL​ ​THIS FIRST AMENDMENT TO CONSTRUCTION MANAGEMENT/GENERAL CONTRACTOR​ ​AGREEMENT (the “First Amendment”) is made and entered into effective as of the 18th day of​ ​November, 2025, and is attached to and forms a part of the Construction Management/General​ ​Contractor Agreement (“Agreement”) by and between Boulder Valley School District No. RE-2 (“Owner”)​ ​and Palace Construction Co, Inc. (“CM/GC”) in connection with the Project (as defined in the​ ​Agreement).​ ​RECITALS​ ​WHEREAS, pursuant to a request for proposals, the Owner selected the CM/GC to serve as the​ ​Construction Manager/General Contractor for the Project and the parties executed the Agreement; and​ ​WHEREAS, Section 6.1 of the Agreement provides that when the design, plans and specifications​ ​of the Project are sufficiently complete to make the final cost estimate and subcontractor bids have been​ ​received, the CM/GC will fix a Guaranteed Maximum Price, guaranteeing the cost to the Owner for the​ ​Cost of the Work and the CM/GC’s Fees.​ ​NOW THEREFORE, in consideration of the foregoing recitals and the mutual covenants and​ ​provisions contained herein, the Parties agree as follows:​ ​ARTICLE 1​ ​GUARANTEED MAXIMUM PRICE​ ​1.1​ ​In accordance with Section 6.1 of the Agreement, Owner and CM/GC hereby establish a Guaranteed​ ​Maximum Price (“GMP”) for the Project, which is in addition to the Preconstruction Phase fee and​ ​includes the CM/GC’s Fee as defined in Article 7.0 of the Agreement and the Cost of the Work as​ ​defined in Article 8.0 of the Agreement. The GMP for the Project is​​One million five hundred​ ​thirty-six thousand nine hundred forty-six dollars and 00/100 ($1,536,946.00)​. CM/GC guarantees​ ​the GMP subject only to modification for changes in the Work as provided in the General Contract​ ​Conditions (Article 23.00​​Changes in the Work​) and​​for additional costs arising from delays caused by​ ​the Owner or the Architect. The GMP is based upon the following documents, all of which​ ​documents are attached hereto or specifically listed in the attachments hereto, and are hereby made​ ​a part of and incorporated into this First Amendment and the Agreement:​

​2022 Bond Program GMP Amendment​

​1.1.1​ ​A schedule of the list of drawing, specifications, and addenda as signed and dated by the​ ​Architect and CM/GC, including a schedule of Requests for Information asked and answered​ ​(​Exhibit A​);​ ​1.1.2​

​A list of assumptions and clarifications made in preparing the GMP (​Exhibit B​);​

​1.1.3​ ​An itemization of the GMP (​Exhibit C​) broken down​​by detail and accompanied by​ ​supporting documentation (including, for example, bids and estimating takeoff sheets) which​ ​includes but is not limited to the following:​ ​1.1.3.1​ ​All prices received for every item bid before the establishment of the GMP and a​ ​total of such bids;​ ​1.1.3.2​ ​The maximum cost of all work to be self-performed by the CM/GC;​ ​1.1.3.3​ ​The CM/GC’s Construction Phase Fee and Design Phase Fee;​ ​1.1.3.4​ ​The General Condition Costs, itemized and with supporting documentation and​ ​information in accordance with Section 8.2.1 of the Agreement;​ ​1.1.3.5​ ​The installation cost of items to be procured by Owner and assigned to CM/GC for​ ​installation;​ ​1.1.3.6​ ​Cost of Work performed by subcontractors and a list of subcontractors with their​ ​respect license numbers;​ ​1.1.3.7​ ​CM/GC GMP Contingency, in accordance with Section 8.2.4 of the Agreement and​ ​Article 3 of this First Amendment.​ ​1.1.4​ ​A revised Contract Time Schedule, pursuant to Section 5.3 of the Agreement, listing​ ​delivery schedule with summary milestone delivery items, itemized breakdown of Work scope,​ ​and submittal due dates with responsible party (​Exhibit​​D​). This Project shall have two (2)​ ​Phases of completion as set forth in the Contract Time Schedule.​ ​1.1.5​

​CM/GC Insurance Certificates (​Exhibit E​)​

​1.1.6​

​CM/GC Performance Bond (​Exhibit F​)​

​1.1.7​

​CM/GC Labor and Materials Payment Bond (​Exhibit G​)​

​1.1.8​

​Alternate Prices (​Exhibit H​)​

​1.1.9​

​Unit Prices (​Exhibit I​)​

​1.1.10​ ​Allowances (​Exhibit J​)​ ​1.1.11​ ​Loaded Hourly Labor Rate Schedule (​Exhibit K​) –​Not​​Applicable; Billable rates not​ ​permitted per this agreement.​

​2022 Bond Program GMP Amendment​

​1.1.12​ ​Equipment Rental Rate Schedule (​Exhibit L​)​ ​1.1.13​ ​General Conditions of the Contract with Safety Addendum (​Exhibit M​)​ ​1.1.14​ ​Schedule of Values (​Exhibit N​)​ ​1.1.15​ ​Boulder Valley School District Asbestos Management Plan Contractor Responsibility form​ ​(​Exhibit O​)​ ​1.1.16​ ​List of all salaried staff to be charged to the Cost of the Work as established in the​ ​Agreement (​Exhibit P​)​ ​ARTICLE 2​ ​FINAL COMPLETION​ ​2.1​ ​CM/GC shall achieve sufficient completion of the work and obtain a Temporary Certificate of​ ​Occupancy, no later than​​August 1, 2026.​ ​2.2​ ​The date of Final Completion established by this First Amendment is​​September 30, 2026.​ ​ARTICLE 3​ ​CM/GC CONTINGENCY​ ​3.1​ ​The GMP includes a contingency for the CM/GC’s-use to cover those costs considered reimbursable​ ​as the Cost of the Work but not included in a Change Order (“CM/GC Contingency”). Cost overruns in​ ​excess of the amount of the CM/GC Contingency will be borne by the CM/GC, unless the GMP is​ ​adjusted pursuant to the terms of the Agreement.​ ​3.2​ ​The CM/GC shall advise the Architect and the Owner in writing prior to applying a part of the CM/GC​ ​Contingency to an item within the Cost of Work. Owner shall issue written approval to CM/GC for​ ​application of the amount from the CM/GC Contingency. The CM/GC shall fully document the​ ​change on its copy of the Construction Documents that will become part of the record documents.​ ​3.3​ ​The CM/GC shall maintain a complete CM/GC Contingency log in Trimble Unity Construct (e-Builder)​ ​detailing the expenditure of funds from the CM/GC Contingency as defined in the Construction​ ​Management /General Contractor Agreement.​ ​ARTICLE 4​ ​OWNER DIRECT MATERIAL/EQUIPMENT PURCHASE​ ​4.1​ ​Owner, being exempt from sales tax, reserves the right to make direct purchases of various​ ​construction equipment, materials and/or supplies. Such purchases shall be referred to as​ ​“Owner-Purchased Materials” for which Owner shall hold full title.​ ​4.2​ ​Where Subcontractors’ bids include pricing for equipment, materials and/or supplies in their bid and​ ​Owner exercises its right to purchase, the price of such purchases shall be administered on a​ ​deductive Change Order basis.​ ​2022 Bond Program GMP Amendment​

​4.3​ ​CM/GC shall, at the time of submission of the preliminary Schedule of Values, submit a description​ ​of materials, equipment and supplies for consideration as Owner-Purchased Materials. Owner shall​ ​notify CM/GC of the items Owner shall directly purchase.​ ​4.4​ ​Owner shall purchase such items and make delivery arrangements to the Project jobsite. CM/GC or​ ​its authorized Subcontractor shall visually inspect deliveries of Owner-Purchased Materials to: (1)​ ​verify that delivered items conform to the Specifications; (2) verify the accuracy of the delivery ticket​ ​or bill of lading; and (3) assess whether delivered items are patently defective. If CM/GC discovers,​ ​upon visual inspection, defects or non-conformities in the Owner-Purchased Materials, CM/GC shall​ ​not utilize such non-conforming or defective items in the Work and shall promptly notify the vendor​ ​of the condition in order to pursue repair or replacement without undue delay or interruption to the​ ​Project. CM/GC shall submit to Owner at the next weekly meeting the original of delivery tickets and​ ​bills of lading for Owner-Purchased Materials.​ ​4.5​ ​Owner-Purchased Materials shall be stored at the Project jobsite as a bailment for the mutual​ ​benefit of Owner and CM/GC. Owner shall be deemed the bailor and CM/GC bailee of​ ​Owner-Purchased Materials. Insurance purchased and maintained by CM/GC shall be sufficient to​ ​protect against any loss or damage to such Owner-Purchased Materials and shall cover the full value​ ​of such Materials not yet incorporated into the Project from the date Owner takes title. Owner shall​ ​receive all proceeds derived from all claims against insurer to pay for repair or replacement as a​ ​result of damage, loss or destruction. Owner-Purchased Materials shall be considered returned to​ ​the Owner for purposes of this bailment at such time as they are incorporated into, or consumed in​ ​the process of, the Project. Remainder or salvage Owner-Purchased Materials shall be stored or​ ​removed from the jobsite by CM/GC or authorized Subcontractor at Owner’s direction.​ ​4.6​ ​Owner’s exercise of its right to make direct purchases, as provided for herein, shall not relieve​ ​CM/GC or its Subcontractor of any obligation required pursuant to the contract for performance of​ ​Work, other than elimination of the obligation to make direct payments to vendors of​ ​Owner-Purchased Materials.​

​ARTICLE 5​ ​MISCELLANEOUS​ ​5.1​ ​Except as amended or modified by this First Amendment, the Agreement is hereby ratified and​ ​confirmed and all other terms of the Agreement shall remain in full force and effect, unaltered and​ ​unchanged by this First Amendment.​ ​5.2​ ​This First Amendment may be signed in one or more counterparts, each of which shall be deemed an​ ​original, but all of which together shall constitute one and the same instrument. For purposes of​ ​executing this First Amendment, facsimile or scanned signatures shall be as valid as the original.​

​2022 Bond Program GMP Amendment​

​ARTICLE 6​ ​LIQUIDATED DAMAGES​ ​CM/GC understands and agrees that the completion of each Phase of the Work within the time provided​ ​is an essential feature of this Agreement and that the Owner will sustain substantial damages, the​ ​amount of which is not possible to accurately determine at this time, if the Work is not so completed.​ ​The Contractor, therefore, agrees to proceed with due diligence, taking all precautions and making all​ ​necessary arrangements to ensure the completion of the work within the prescribed time for each​ ​Phase. The Contractor further agrees that his failure to finally and fully complete each Phase of the​ ​Work within the time allowed shall be considered as a breach of the Agreement and entitle the Owner to​ ​collect liquidated damages for the delay in completion of such Phase the sum of One Thousand Dollars​ ​($1,000.00) per calendar day.​ ​ARTICLE 7​ ​ALLOWANCES​ ​If applicable, allowances might be carried in the GMP to cover costs considered reimbursable as the Cost​ ​of the Work. The CM/GC shall advise the Architect and the Owner in writing prior to applying a part of​ ​the Allowance to an item within the Cost of Work. Owner shall issue written approval to CM/GC for​ ​application of the amount from the Allowance. The CM/GC shall maintain a complete Allowance Log​ ​detailing the expenditure of funds. Upon final acceptance of the project by Owner, any amounts​ ​remaining in the Allowance shall be deducted from final payment to, or any monies due, CM/GC.​ ​[Signature page follows on next page]​

​2022 Bond Program GMP Amendment​

​IN​​WITNESS​​WHEREOF,​​the​​parties​​have​​executed​​this​​Agreement​​on​​the​​day​​and​​year​​first​​above​ ​written and shall extend to and bind the parties, their successors, assigns, and personal representatives.​ ​CONTRACTOR:​

​OWNER:​

Palace Construction Co, Inc.

​BOULDER VALLEY SCHOOL DISTRICT RE-2​

​Legal Name of Contracting Entity​

​Signature of Authorized Officer​

​Nicole Rajpal, President, Board of Education​

Garth Geer, President ​Printed Name of Signatory​

​Laura Shafer, Board Secretary (if needed)​

7 S Galapago Street ​Street Address​

​Rob Anderson EdD, Superintendent​ Kris Stoppenhagen

Denver, CO

80223

​City, State, Zip Code​

Digitally signed by Kris Stoppenhagen DN: C=US, E=kris.stoppenhagen@bvsd.org, CN=Kris Stoppenhagen Reason: I have reviewed this document Date: 2025.11.06 17:00:17-07'00'

​Kris​​Stoppenhagen,​​Executive​​Director​​of​​Bond​​Planning​ ​& Construction​

​Kathleen Sullivan, Legal Review​

​2022 Bond Program GMP Amendment​

​FIRST AMENDMENT TO​ ​CONSTRUCTION MANAGEMENT/GENERAL CONTRACTOR​ ​AGREEMENT​ ​EXHIBIT LIST​ ​Exhibit A:​

​Drawings, specifications and documents used to prepare GMP​

​Exhibit B:​

​Assumptions and clarifications made in preparing GMP​

​Exhibit C:​

​Itemization of GMP​

​Exhibit D:​

​Contract Time Schedule​

​Exhibit E:​

​Insurance Certificates​

​Exhibit F:​

​Performance Bond​

​Exhibit G:​

​Labor and Materials Payment Bond​

​Exhibit H:​

​Alternate Prices​

​Exhibit I:​

​Unit Prices​

​Exhibit J:​

​Allowances​

​Exhibit K:​ ​Loaded Hourly Labor Rate Schedule​​-​​Not​​Applicable; Billable rates not​ ​permitted per this agreement.​ ​Exhibit L:​

​Equipment Rental Rate Schedule​

​Exhibit M:​

​General Conditions of the Contract with Safety Addendum​

​Exhibit N:​

​Schedule of Values​

​Exhibit O:​

​Boulder Valley School District Asbestos Management Plan​ ​Contractor Responsibility form​

​Exhibit P:​

​List of all salaried staff to be charged to the Cost of the Work as​ ​established in the Agreement​

​4925-8701-9380, v. 1​

​2022 Bond Program GMP Amendment​