HomeMy WebLinkAboutOTHER-2026-049-Approval of the Guaranteed Maximum Price for the Construction of the Crisis Diversion Facility Docusign Envelope ID : 88A3626D-7808-8FEB-80FD-84F27ADBCB86 Auc to D Lkc OfLD I L Q.
NORTH CAROLINA
CONTRACT AMENDMENT
ORANGE COUNTY
THIS CONTRACT AMENDMENT ("Amendment") is made and entered into this 18 `h day of June , 2026 by and
between ORANGE COUNTY (hereinafter referred to as " County") and Gilbane Building Company (hereinafter the
"Construction Manager at Risk" or "CM" or "CMAR") ,
WITNESSETH :
THAT WHEREAS , the County and CMAR entered into a contract dated April 22 , 2025 (hereinafter the "Original
Agreement") , for the procurement of hardware and provision of services and
WHEREAS , the County and CMAR desire to amend the Original Agreement while keeping in effect all terms and
conditions of the Original Agreement not inconsistent with the terms and conditions set forth below .
NOW THEREFORE, for and in consideration of the mutual covenants and agreements made herein , the parties agree to
amend the Original Agreement as follows :
1 . Section 2 . 6 . The "Total Construction Budget" is first described in the RFQ Data Sheet, and consists of the
Cost of the Work, as more fully defined in section 4 below, the CMAR-GMP Contingency, as more fully
defined in section 5 below, the Early Completion Bonus Fund, if offered and made part of this Contract, as
more fully defined in section 24 below, the CMAR General Conditions , as more fully defined in section 3
below . Upon approval by the Owner of the Total Construction Budget as presented on June 10", 2026 , the
Total Construction Budget will not be allowed to exceed the agreed upon Total Construction Budget
("TCB ") . The Owner reserves the right to adjust the Total Construction Budget at any time prior to agreement
on the final GMP .
2 . Section 3 . 2 . Provided that the Total Constriction Budget remains $22 , 906 ,906 , the CMAR Fee shall not
exceed $ 850 , 820 , subject to modification and limitation as set forth herein . If the Owner changes the Total
Construction Budget, the CMAR Fee shall not exceed three percent (3 . 75 %) of the sum of (i) the Cost of the
Work , (ii) the CMAR-GMP Contingency, and (iii) the CMAR General Conditions , (but not including the
Early Completion Bonus Fund) all as more fully defined in this Contract, as of the date when the final GMP is
established and approved by the Owner, subject to modification and limitation as set forth herein . The CMAR
Fee will include all CMAR home office personnel costs , including officers as well as home office and local
office support staff not included in General Conditions below, together with all other CMAR overhead costs
and profit. This Fee shall also include all home office quality control and safety reviews , as well as all
required services of a home office Project executive, by whatever name called. CMAR costs which are not to
be included in the CMAR Fee are the costs of all Subcontracts , on-site field staff, General Conditions costs
(as provided below) , and the CMAR-GMP Contingency described below.
3 . Section 3 . 4 . In addition to the foregoing Fee, an allowance for the General Conditions on a "not-to -exceed"
basis will be submitted by the CMAR with each GMP for the Owner ' s approval . No costs associated with the
CMAR ' s main office or its main office or other off-site personnel , including the costs associated with the use
of items or equipment of the main office , are covered under the General Conditions allowance . All such costs
are deemed to have been included in the CMAR Fee . Subject to approval by the Owner ' s Representative, each
GMP may include special designated allowances for defined expenses . Each GMP shall contain an allowance
for General Conditions fixed as an estimated limp sum for each GMP . The entire General Conditions
allowance shall be fixed based on the Total Construction Budget at the time of the final GMP, after which the
General Conditions shall not be adjusted unless an amount is negotiated with Owner-requested Change
Orders to the Work of the Project. The sum of the entire General Conditions at the time the final GMP is
Docusign Envelope ID : 88A3626D-7808-8FEB-80FD-84F27ADBCB86
fixed, including all allowances for General Conditions for each GMP for a defined phase of Work, shall not
exceed $ 1 , 214 , 194 , subject to approval by the Owner and modification and limitation as further set forth
herein . Owner reserves the right to inspect and/or audit all General Conditions services cost documentation .
4 . Section 4 . 4 . At no time shall the CMAR Fee , General Conditions , CMAR-GMP Contingency, or the Early
Completion Bonus Fund exceed the amounts for these respective items within the Total Construction Budget .
The stun of all GMP must not exceed the Total Construction Budget, including CMAR Fees , overhead, and
escalation as set forth on the RFQ Data Sheet, unless and to the extent that the Total Construction Budget is
increased or decreased by the Board .
5 . Section 5 . 6 . Unless otherwise agreed by the Owner, and provided that the Total Construction Budget remains
TCB , the total CMAR-GMP Contingency for the Project shall not exceed $ 752,099 . If the Owner changes the
Total Construction Budget, the CMAR-GMP Contingency shall not exceed four percent (4 . 0%) , as a value
line item of the sutra of the Cost of the Work and the CMAR General Conditions, all as more fiilly defined in
this Contract, as of the date when the final GMP is established and approved by the Owner, subject to
modification and limitation as set forth herein . When each GMP is fixed, the CMAR-GMP Contingency for
that GMP shall be converted to a lump sum . The entire CMAR Contingency shall be fixed in the final GMP ,
based on the Total Construction Budget at the time of the final GMP , after which the CMAR Contingency
shall not be adjusted unless an amount is negotiated with Owner requested Change Orders to the Work of the
Project .
6 . Section 7 . 3 . Owner will bear the reasonable cost of reproduction and distribution of drawings , sketches ,
specifications and other Construction Documents for use on the project development and by the CMAR and
its Subcontractors for bidding and administrative purposes , up to an allowance of $ 5 , 000 . The CMAR shall
receive clean sets of black line prints on white paper of all drawings provided by the Owner, the CMAR shall
clearly and legibly record in redline all work-in-place that is at variance with the Contract Documents ,
7 . Section 24 . 1 . Paragraphs 24 . 1 . 1 through 24 . 1 . 19 are stricken .
a . 24 . 1 . 20 . Board approval of GMP #5 June 16"', 2026
24 . 1 . 21 . Substantial Completion November 30`", 2027
24 . 1 . 22 . Punch List Completion December 31 s', 2027
24 . 1 . 23 Project Final Completion January 30`" , 2028
24 . 1 . 24 . Completion of Closeout and Warranty November 30" , 2028
8 . Section 47. 1. 1 - Commercial General Liability : The CMAR shall ensure that it shall provide
commercial general liability insurance with a limit of not less than $3 ,000,000 per occurrence and
$6 ,000,000 aggregate. All Subcontractors shall provide commercial general liability insurance with a
limit of not less than $ 1 ,000 ,000 per occurrence and $2 ,000 , 000 aggregate . Coverage must be in a
form providing coverage not less than the standard Insurance Services Office Form CG 00 01 and
include products and completed operations , property damage, bodily injury , and personal & advertising
injury. The products -completed operations coverage shall be provided for a minimum of six (6) years
following final acceptance of the work . The liability limits required under this Agreement for the
primary Commercial General Liability insurance , Business Automobile Liability insurance
and Umbrella/Excess Liability insurance may be satisfied through any combination of limits
contained on either the primary or excess liability or combined policies of insurance .
9 . Section 47. 1 . 2 - Commercial Automobile Liability : The CMAR shall ensure that it and all Subcontractors
shall provide commercial automobile liability insurance of not less than $ 1 ,000,000 per occurrence for any
vehicle .
Docusign Envelope ID : 88A3626D-7808-8FEB-80FD-84F27ADBCB86
10 . Section 47. 1 .4 - Professional Liability : The CMAR shall ensure that it and all professional service providers
under this contract provide professional liability insurance with a limited of not less than $5,000, 000 per
occurrence or claim, and $5,000,000 aggregate . All professional service providers in contract with CMAR
will follow tier system requirement within CMAR Trade Contract where minimum professional liability
required limits are $2 , 000 ,000 per occurrence or claim and $ 2 ,000 , 000 per aggregate . There shall be an
extended reporting period of not less than six (6) years .
11 . Section 47. 1 . 5 - Builders Risk : Builder' s Risk : The CMAR shall purchase and maintain property insurance
during the life of this Contract, upon the entire Work at the site in amount equal to the completed value of the
project with no coinsurance penalty provisions utilizing an "All Risk" ( Special Perils) coverage form . This
insurance shall include the Owner and CMAR as Named Insured, the Subcontractors and sub-subcontractors
as Additional Insureds , in the Work. If the Owner is damaged by failure of the CMAR to purchase or
maintain such insurance, then the CMAR shall bear all reasonable costs properly attributable thereto ; the
CMAR shall effect and maintain similar property insurance on portions of the Work stored off the site when
request for payment per articles so includes such portions . The builders risk insurance shall provide coverage,
insurance against perils of fire (with extended coverage) and physical loss or damage including, without
duplication of coverage, for direct physical loss or damage, and shall not exclude the risks of fire , explosion,
theft, vandalism, malicious mischief, collapse, earth movement, subsidence , earthquake, flood, named and un-
named windstorm , wind-driven rain, release of water steam or fluid, falsework, hot and cold testing and
startup, resulting loss from faulty workmanship and/or faulty design, equipment breakdown, . The insurance
shall also provide coverage for ensuing loss or resulting damage from error, omission, or deficiency in
construction methods , design , specifications , workmanship , or materials . The property insurance shall also
include coverage for expediting expenses , soft costs , foundations , underground pipes , site preparation, and
excavation . This property insurance shall cover portions of the Work stored off the site, and also portions of
the Work in transit . If the property insurance requires deductibles , the Contractor shall be responsible as a
Cost of the Work for costs not covered due to such deductibles , except that Owner shall be solely responsible
for any and all costs not covered due to deductibles arising out of any loss due to flood (including inundation,
seepage and sewer back-up) , earthquake, named and un-named windstorm, hail , volcanic eruption or
terrorism .
12 . Section 47. 1 . 6 - Pollution Legal Liability : The CMAR shall ensure that it and Subcontractors whose scope
of work includes providing pollution services shall provide Pollution legal liability insurance in an amount
not less than $5 ,000,000 per occurrence or claim and $5 ,000,000 aggregate .
13 . Section 47. 1 . 8 on Public Liability and Property Damage : The CMAR shall ensure that it and all
Subcontractors provide and maintain , during the life of the Contract, comprehensive general liability
insurance, including coverage for premises operations , completed operations , products and contractual
exposures . Such insurance shall protect the CMAR and the Subcontractors from claims arising out of any
bodily injury, including accidental death, and claims for property damages which may arise from operations
under this Contract, whether such operations are by the CMAR or by any Subcontractor, or by anyone
directly or indirectly employed by either of them . The minimum limits of such insurance shall be $ 1 , 000 ,000
for each occurrence and $ 2, 000 ,000 aggregate , or such lower limits as may be agreed to by the Owner on a
case-by- case basis . Such coverage for completed operations must be maintained for at least two (2) years
following final acceptance of the Work performed under the Contract .
14 . The attached "Orange County Crisis Diversion Center GMP Deliverable Rev 0 Dated June 31, 2026" is
attached as Exhibit A to this amendment.
Docusign Envelope ID : 88A3626D-7808-8FEB-80FD-84F27ADBCB86
15 . Signatures . This Agreement, together with any amendments or modifications , may be executed
electronically . All electronic signatures affixed hereto evidence the intent of the Parties to comply with
Article 1 IA and Article 40 of North Carolina General Statute Chapter 66 .
16 . Except for the changes made herein, the Original Agreement shall remain in full force and effect to the extent
it is not inconsistent with this Amendment. In the event there is a conflict between the terms of the Original
Agreement and the terms of this Amendment, this Amendment shall control .
[ SIGNATURES ON FOLLOWING PAGE]
IN TESTIMONY WHEREOF, this Amendment has been executed by the parties hereto , as of the date first above
written .
OR MdF�,COiJNTY Rigned by:
Qou�
014A3Ej'y'lanager
Orange County, North Carolina Raleigh Business Leader
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Docusign Envelope ID : 88A3626D-7808-8FEB -80FD-84F27ADBCB86
ORANGE COUNTY-DEPARTMENT USE ONLY
Party/Vendor Name : Gilbane Building Company Party/Vendor Contact Person : Jeff Lewis Contact Phone : 919-381 -7004
Party/Vendor Address : 7 Jackson Walkway City Providence State : RI Zip : 02903 Department : AMS Amount: $22,906 ,906
Purpose : Construction of Crisis Diversion Facility Budget Code(s) : 6137003548000040080 Vendor # 68871 (N/A if new vendor)
Vendor is a BOCC consultant? Yes ❑ No ® Contract Type : (Check one) New ❑ Renewal ❑ Amendment ® Effective Date
6/ 18/2026 Approved by Board Yes ® No ❑ Agenda Date : 6/ 16/2026 --- For Section XIV. c . contracts only, Approved by Board in
Current FY Budget Yes ❑ No ❑
This agreement is approved as to technical form and content and I as Department Director affirmatively state work on this project has
not been initiated prior to execution of the agreement:
DocuSigned by:
VbVlMWA,
Department Director ' s Director ' s Signature Date : 6/ 18/2026
Agreements for emergency services or repair are not subject to the above affirmation . If services related to this agreement have
already begun or been completed please briefly describe the nature of the emergency condition that was addressed :
Information Technologies
(Applicable only to har•dwar•e/sofAvar•e purchases or related services) This agreement has been reviewed and is approved as to
information technology content and specifications :
Office of the Chief Information Officer Date :
Risk Management
This agreement is approved for sufficiency nn , t,l sso, _ �a
hizwo rrce standards, specifications, and requirements :
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Office of the Risk Management Officer / � u Date : 6/24/2026
Financial Services
This instrument has been pre-audited in nnt.v 13ovl,vta�.ovt,aavftian"wired by the Local Government Budget and Fiscal Control Act:
C� ✓
Office of the Chief Financial Officer y Date : 6/24/2026
IN
Legal Services
This agreement is approved as torlevigfoom.kand sufficiency :
Office of the County Attorney W Date : 6/26/2026
Clerk to the Board
Received for record retention :
All Docusign contracts must be copied to the Clerk upon completion : occlerkdocs@orangecountync . gov
The following signature block is for hard copies only and is not required for Docusign contracts :
Office of the Clerk to the Board Date :
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