Agenda 06-16-2026; 6-c - Approval of the Guaranteed Maximum Price for the Construction of the Crisis Diversion Facility, and Approval of Budget Amendment #12-A

Browse Search

4 Attachment 1 NORTH CAROLINA CONTRACT AMENDMENT ORANGE COUNTY THIS CONTRACT AMENDMENT ("Amendment") is made and entered into this_day of 120 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 16th, 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 Construction 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 lump 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