HomeMy WebLinkAbout2010-048 AMS - Clancy & Theys Construction, Co. - Third Amendment to Construction Manager at Risk Services Agreement ORANGE COUNTY
NORTH CAROLINA
THIRD AMENDMENT
TO
AGREEMENT FOR CONSTRUCTION MANAGER AT RISK SERVICES
THIS THIRD AMENDMENT TO AGREEMENT FOR CONSTRUCTION
MANAGER AT RISK SERVICES (this "Amendment") is made effective this Al &day of
2010, (the "Execution Date") by and between ORANGE
COUNTY, NORTH C OLINA ("Owner"), and CLANCY & THEYS CONSTRUCTION
CO.,, a North Carolina corporation ("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 Mana eg r at
Risk Services made effective February 19, 2008 (the "Agreement") , a First Amendment to the
Agreement made effective June 26, 2008 (the "First Amendment"), and a Second Amendment to
the Agreement made effective August 19, 2008 (the"Second Amendment") which Agreement, First
Amendment and Second Amendment together provide for the construction of an Animal Services
Facility to be located in Chapel Hill, North Carolina(the"Facility");and
WHEREAS, the Agreement, as amended by the First Amendment and Second Amendment
contained a Guaranteed Maximum Price of$7,458,500.00 for the completion of the Original Scope
of Work;and
WHEREAS,the Parties now desire to further amend the Agreement as amended by the First
Amendment and the Second Amendment to add additional scope of work totaling $731,059.00 to
the Guaranteed Maximum Price as described herein.
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. Guaranteed Maximum Price. Based on the foregoing, the Parties agree that the
Guaranteed Maximum Price for the CMAR's Work as of the date hereof shall be the sum of
$8,189,559.00 (the "GMP"), the components of which are set out and described as Attachment
A: Components to Guaranteed Maximum Price, hereto and incorporated herein by reference.
4. Bonds and Insurance. CMAR shall promptly notify both its bonding company
and Builders Risk insurance carrier that the Agreement has been amended and that the
Guaranteed Maximum Price is now as set forth above, and shall obtain an updated or
replacement Builders Risk Insurance Binder and updated or replacement Payment and
Performance Bonds to reflect this Amendment all of which will be effective on the Execution
Date and bear that date. CMAR shall promptly provide copies of these updates or replacements
to Owner following CMAR's receipt thereof.
5. Continued Force and Effect. The Parties confirm the Agreement and
acknowledge and agree that, as amended by this Amendment, the Agreement is binding and is
and remains unchanged and in full force and effect.
6. 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]
2
IN WITNESS WHEREOF, the Parties hereunto, intending to be legally bound, and with the
signatories representing they are empowered to bind their principals, have executed this Amendment
on the day and year hereinafter first written.
CMAR: Clancy&Theys Construction Co.
516 West Cabarrus Street
Raleigh, NC 27603
By: 1W c2
c,
T. ancy, Executive Vice President
Attest:
By:
Title:
(Secretary) (Manage fitness
OWNER: ORANGE COUNTY, NORTH CAROLINA
P. O. Box 81 1
i g N.C. 27278
By:
Va erie Foushee,
Chair of Orange County Board of Commissioners
Attest: I 00i
Donda S. Baker
Clerk to the Board
This instrument has been pre-audited in the manner required by the local Government Budget
and Fiscal Control Act.
Joe,
Orange County Finance Officer
This in tru t]is prove as to Form.
Qrlfnge County Attorney
3
Attachment A: Components of Revised Guaranteed Maximum Price
Base Contract $1,308,733
Amendment#1 $6,045,767
Amendment#2 $104,000
CO
1 $47,893
2 $23,753
3 $247,758
4 $20,919
5 $97,870
$216,281
6 $10,886
7R2 $23,362
8R3 $39,144
Reconcilation#14(includes prev.CO#s 9,10,11 R, & 13) $107,193
Guaranteed Maximum Price $8,189,559
Total billed by C&T, paid by OC through 4/23/10 $8,059,067
Difference $130,492
i
Amendment#3: (CO's 1-6, 7R2, 8R3&14 less Amendment#2 contingency) $731,059
Final Payment Due- Payment Application#15 $130,492