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AMENDMENT #4 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 />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 />ARTICLE 1 - GUARANTEED MAXIMUM PRICE <br />The Construction Manager's Guaranteed Maximum Price for the <br />construction of the Housing Building of the Detention Center, 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, Amendment #3 to the Contract and the <br />Administration Building) is: <br /> <br />This price is for the performance of the Housing Building of the <br />Detention Center in accordance with the Contract Documents. Allocation to <br />and use of the Construction Contingency shall be governed by Article 7, <br />Paragraph E of the Contract. <br />ARTICLE 2 -CONTRACT TIME <br />The date of occupancy established by this Amendment is <br />20_, assuming that a Notice to Proceed is issued no later than <br />20 <br />ARTICLE 3 -CONDITION PRECEDENT TO NOTICE TO PROCEED <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. 4 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 Housing Building. Owner acknowledges <br />that Construction Manager has developed its Guaranteed Maximum Price <br />based on subcontractor pricing secured by acknowledged subcontractor Letters <br />of Intent to Award. Owner acknowledges and agrees that if a subcontractor's <br />offer is withdrawn before financing authorization is obtained and a Notice To <br />G-~O <br />