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s ~l~ -~~3/~da~ <br />l <br />_~ ~{- S <br />Please return this copy to <br />Clerk to the Board's office far PAF • <br />ORANGE COUNTY - <br />NORTH CAROLINA <br />FIRST AMENDMENT <br />TO <br />AGREEMENT FOR CONSTRUCTION MANAGER AT RISK SERVICES <br />THIS FIRST AMENDMENT TO AGREEMENT FOR CONSTRUCTION <br />MANAGER AT RISK SERVICES {this "Amendment'') is made effective this o~day of <br />~~~, t r__ 2008, (the "Execution Date") by and between ORANGE <br />COUNTY, NORTH CAROLINA ("Owner"), and CLANCY & THEYS CONSTRUCTION <br />CO., a North Carolina corporation ("CHAR") (Owner and CHAR to sometimes be referred to <br />together herein as the "Parties"). <br />WITNESSETH: <br />WHEREAS, Owner and CHAR entered into an Agreement for Construction Man er at <br />Risk Services made effective February 19, 2008 (the "Agreemenl") for the site work portion {the <br />"Original Scope of Work") of the construction of an Animal Services Facility to be located in <br />Chapel Hill, North Carolina (the "Facilily'~; and <br />WHEREAS, the Agreement contained a Guaranteed Maximum Price of $1,308,733.00 for <br />the completion of the Original Scope of Work; and <br />WHEREAS, the Parties now desire to amend the Agreement to expand the definition of <br />"Project" from just the site work component of the Facility to the total construction of the Facility, <br />and, accordingly, the scope of CMAR's services and the Guaranteed Maximum price. <br />NOW, THEREFORE, in consideration of good and valuable consideration, the mutual <br />receipt and legal sufficiency of which are hereby acknowledged, the parties agree as follows: <br />1. Incorporation of Preamble and Recitals The preamble and recitals to this <br />Amendment are hereby incorporated herein by reference and made a part of this Amendment. <br />2. Definitions. All capitalized terms used and not otherwise defined herein shall <br />have the meanings ascribed to them in the Agreement. All references in the Agreement to "this <br />Agreement" shall be deemed to be the Agreement as amended by this Amendment unless the <br />context requires otherwise. <br />3. CHAR name. The name of the CHAR is hereby corrected to be Clancy & <br />Theys Construction Co. <br />4. Proiect• The definition of Project is hereby amended from referring only to site <br />work construction for the Facility to referring to the total construction of the Facility, including <br />the site work construction. Specifically, the term "Project" .shall now mean "the total <br />construction of the Facility of which the VGjork may be a whole or part." The term "Work <br />