HomeMy WebLinkAbout2009-016 Purchasing - Telesis Construction Management, LLC - Amendment to Agreement dated 1-15-2008 for Construction Manager At Risk Servicesy~ ~~~°° ~
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ORANGE COUNTY
NORTH CAROLINA
AMENDMENT
TO
AGREEMENT FOR CONSTRUCTION MANAGER AT RISK SERVICES
THIS AMENDMENT TO AGREEMENT FOR CONSTRUCTION MANAGER AT
RISK SERVICES (this "Amendment") is made effective this _~~ day of
,C 1~,~ ,2009, (the "Execution Date") by and between ORANGE
COUNTY, NORTH CAROLINA, a body corporate and politic and a political subdivision of
the State of North Carolina ("Owner"), and TELESIS CONSTRUCTION MANAGEMENT,
LLC, a North Carolina limited liability company ("CMAR") (Owner. and CMAR to sometimes
be referred to together herein as the "Parties")
WITNESSETH:
WHEREAS, Owner and CMAR entered into an Agreement for Construction Manager at
Risk Services made effective January 15, 2008 (the "Agreement") which agreement provides for
the total construction of a two story Public Library and three story Office Building to be located on
Margaret Lane in Hillsborough, North Carolina; and
WHEREAS, Section 11.9 of the Agreement requires a performance bond and a payment
bond in an amount equal to 100% of the Guaranteed Maximum Price; and
WHEREAS, the Guaranteed Maximum Price contains elements not part of the construction
contract amounts which amounts are required to be bonded in accordance with N.C. Gen. Stat. §
143-128.1; and
WHEREAS, the Parties now desire to amend the agreement to conform the bonding
requirements to N.C. Gen. Stat. § 143-128.1.
NOW, THEREFORE, in consideration of good and valuable consideration, the mutual
receipt and legal sufficiency of which are hereby acknowledged, the parties agree as follows:
1. Incorporation of Preamble and Recitals. The preamble and recitals to this
Amendment are hereby incorporated herein by reference and made a part of this Amendment.
2. Definitions. All capitalized terms used and not otherwise defined herein shall
have the meanings ascribed to them in the Agreement. All references in the Agreement to "this
Agreement" shall be deemed to be -the Agreement as amended by this Amendment unless the
context requires otherwise.
3. Bonds. Section 11.9 of the Agreement is deleted in its entirety and replaced with
the following:
11.9 Bonds
In accordance with N.C. Gen. Stat. § 143-128.1, the CM shall provide a performance
bond with a penal sum equal to 100% of the construction contract amount which amounts
equals Two Million Eight Hundred Six Thousand Ten and No/100 Dollars
($2,806,010.00) for the Public Library and Four Million Seven Hundred Eighty Thousand
Nine Hundred Twenty-Two and No/100 Dollars ($4,780,922.00) for the Office Building,
to guarantee the faithful performance of the Work, in such form as may be required by
law and approved by the Owner.
In accordance with N.C. Gen. Stat. § 143-128.1, the CM shall provide a labor and
material payment bond with a penal sum equal to 100% of the construction contract
amount which amounts equals Two Million Eight Hundred Six Thousand Ten and
No/100 Dollars ($2,806,010.00) -for the Public Library and Four Million Seven Hundred
Eighty Thousand Nine Hundred Twenty-Two and No/100 Dollars ($4,780,922.00) for the
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Office Building, to guarantee the faithful performance of the Work, in such form as may
be required by law and approved by the Owner.
These bonds shall be dated the same date as the Agreement and must be accompanied by
a current copy of the power of attorney for the attorney-in-fact executing such bond on
behalf of the surety company licensed to do business in the State of North Carolina and
reasonably acceptable to the Owner.
In its Guaranteed Maximum Price, the CM shall include a program and cost for bonds or
other security against default by Contractors as the CM deems appropriate to protect the
CM and the Owner against such defaults.
4. Continued Force and Effect. The Parties confirm the Agreement as amended by
the Amendment and acknowledge and agree that, as amended by this Amendment, the
Agreement is binding and is and remains in full force and effect.
5. Counterparts. This Amendment may be executed in any number of counterparts
and all so executed shall constitute one agreement binding on all parties hereto, notwithstanding
that all Parties have not signed the same counterpart. .Any signature delivered by a party by
facsimile transmission or by sending a scanned copy of the executed Amendment by electronic
mail shall be deemed, and shall have the same force and effect as, an original signature hereto.
[Signature Page to Follow)
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This Amendment is executed the day and year first written above.
CMAR: Telesis Construction Management, LLC
1000 Corporate Drive, Suite 109
Hillsboro gh, NC 27278
By: Gp -G~~ l
George A. Horton, III
Title: `~r1^~.~,y~~-e ~t ("~u~n,r~,c+~c.~...
Member/Manager
Attest:
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BY~ ~1~Av ~.
Title: W ~ lY~Q,~2
(Secretary) (Manager) (Witness)
OWNER: ORANGE COUNTY
P. O. Box 8181
.C. 27278
®tin¢e lte4\
Valerie P. Foushee, Chair ~ '""
Orange County Bp~rd of Commissio r lr ~,=~ ;;,~ ~
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Attest: `~~ ~a~Q`i~
Donna S. Baker
Clerk to the Boar
This instrument has been pre-audited in the manner required by the local Government Budget
and Fiscal Control Act.
Ora e u finance Officer
This inst ment is ap roved as to Form.
o dhill,
Orang ounty Attorney
F:\Lisa\o~angecounty\Amendment to Library and Office Bldg CMAR conuact.doc
12925\O1\M\137Amendment to CMR Contract (02.27.09 WDB CL Daft #2) GEG CL 3609
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