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<br />DRAFT <br /> <br />AMENDMENT #2 TO THE <br />CONTRACT FOR CONSTRUCTION MANAGER AT RISK <br />FOR THE CONSTRUCTION <br />OF THE CABARRUS COUNTY DETENTION CENTER <br />AND SHERIFF'S DEPARTMENT <br />BETWEEN CABARRUS COUNTY, OWNER AND <br />TURNER CONSTRUCTION COMPANY, CONSTRUCTION MANAGER AT RISK <br /> <br />Pursuant to Article 7 of the Contract, the Owner and Construction <br />Manager establish a Guaranteed Maximum Price and contract time for the <br />work as set forth below: <br /> <br />Article 1 - GUARANTEED MAXIMUM PRICE <br /> <br />The Construction Manager's Guaranteed Maximum Price for the <br />construction of the Detention Center and Sheriffs Department including the <br />estimated Cost of Work as defined in the Contract and the Construction <br />Manager's Fee as therein defined (but exclusive of the Guaranteed Maximum <br />Price of the Site Work and Annex) is: <br /> <br />$81,035,246.00 <br /> <br />This price is for the performance of the Detention Center and Sheriffs <br />Department in accordance with the Contract Documents and Exhibits C <br />through M, inclusive of the Cabarrus Detention Center and Sheriffs <br />Department Amendment No.2 to the GMP dated November 10, 2006. <br /> <br />Article 2 - CONTRACT TIME <br /> <br />The date of substantial completion established by this Amendment is <br />August 15, 2008 for the Sheriffs Department and June 1,2009 for the <br />Detention Center, assuming that a Notice to Proceed is issued no later than <br />December 6, 2006. <br /> <br />Article 3 - CONDITION PRECEDENT TO NOTICE TO PROCEED <br /> <br />Notwithstanding any provision in the Construction Documents (as <br />amended) to the contrary, the Owner is not required to issue a Notice to <br />Proceed for this Amendment No.2 or proceed with construction unless and <br />until the North Carolina Local Government Commission has voted to approve <br />financing for the construction of this Sheriffs Department and Detention <br />Center. Owner acknowledges that Construction Manager has developed its <br />Guaranteed Maximum Price based on subcontractor pricing secured by <br />acknowledged subcontractor Letters ofIntent to Award. Owner acknowledges <br />and agrees that if a subcontractor's offer is withdrawn before financing <br /> <br />E-3 <br />