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2 <br />ORANGE COUNTY <br />NORTH CAROLINA <br />SECOND AMENDMENT <br />TO <br />AGREEMENT FOR CONSTRUCTION MANAGER AT RISK SERVICES <br />THIS SECOND AMENDMENT TO AGREEMENT FOR CONSTRUCTION <br />MANAGER AT RISK SERVICES (this "Amendment") is made effective this day of <br />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 Manager at <br />Risk Services made effective February 19, 2008 (the "Agreement') and a First Amendment to the <br />Agreement made effective June ~ 2008 (the "First Amendment") which Agreement and First <br />Amendment together provide for the total construction of an Animal Services Facility to be located <br />in Chapel Hill, North Carolina (the "Facility"); and <br />WHEREAS, the Agreement, as amended by the First Amendment, contained a Guaranteed <br />Maximum Price of $7,354,500.00 for the completion of the Facility Project Work; and <br />WHEREAS, the Parties now desire to further amend the Agreement as amended by the First <br />Amendment to add a CHAR contingency amount of $104,000 to the Guaranteed Maximum Price <br />as described herein. <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 the First Amendment and this <br />Amendment unless the context requires otherwise. <br />3. Guaranteed Maximum Price. The Parties agree that the Guaranteed Maximum <br />Price for the CMAR's Work as of the date hereof shall be the sum of $7,458,500.00 (the <br />"GMP"), the components of which are set out and described on Exhibit "A" attached hereto and <br />incorporated herein by reference. The Parties further agree that the $104,000 added as CHAR <br />contingency to Exhibit "A" and to the Guaranteed Maximum Price can be made available to <br />CHAR for use by the CHAR under the following conditions: 1) that the contingency need is a <br />