STATE OF CONNECTICUT DEPARTMENT OF ADMINISTRATIVE SERVICES GUARANTEED MAXIMUM PRICE -AMENDMENT TWO To Agreement dated May 25, 2016 As Amended Between the State of Connecticut and GILBANE BUILDING COMPANY For Project Nos.: Bl-28-381-CMR and 81-28-382 Bl-28-381-CMR Project Name: State Office Building Renovations and New Parking Garage 165 Capitol Avenue Hartford, Connecticut 81-2B-382 Project Name: CAS Capitol Avenue Crossing and Washington Street Extension Hartford, Connecticut CMR Projec~s - Guaranteed Max imum Price Amendment Project No.: Bl-28-381 CMR Prolect No.: Bl-28-382 CT Department -of Administrative Services Core CT No.: 16DAS3009AA ~~~~~~~~~~~~~ Page 1of4 STATE OF CONNECTICUT DEPARTMENT OF ADMINISTRATIVE SERVICES Second Amendment to the CMR Agreement GUARANTEED MAXIMUM PRICE AMENDMENT November g , 2017 Between the State of Connecticut and Gilbane Building Company For Projects Bl- 2B- 381- CMR Bl- 2B- 382 This amendment to the hereinafter-mentioned Agreement, as it was previously amended, is entered into this ~ da y of NO\ft.Mh L( , 2017, by and between the State of Connecticut, hereinafter called the Owner, acting herein by its Commissioner or designee, duly authorized, of the Department of Administrative Services (DAS) under the provisions of Sections 4-8, 4b-1, 4b-1b, 4a-1, 4a-2, 4b-3, and 4b-103 of the Connecticut General Statutes, as revised, and Gilbane Building Company, hereinafter called the CMR. WITNESSETH Whereas the Owner and CMR entered into an Agreement on May 25, 2016, in connection with th e project entitled State Office Building Renovations and New Parking Garage, 165 Capitol Ave. Hartford, CT 06106, Project No. Bl-2B-381-CMR, (the "Agreement"); and Whereas, Section 4.1.1 of the Agreement provides compensation for preconstruction services in the amount of Five Hundred Sixty-One Thousand Eighty Dollars ($561,080.00), which amount is not factored into and made a part of th e Guaranteed Maximum Price (GMP); and . Whereas, DAS issued a Work Authorization Order No. 1 on March 27, 2017, in the amount of Two Million Six Hundred Seventy-Seven Thousand Three Hundred Fourteen Dollars ($2,677,314.00), which amount is factored into and made a part of the GMP set forth below; and Whereas, DAS issued a First Amendment to Agreement on June 16, 201 7, that added the project entitled CAS Capitol Avenue Crossing and Washington Street Extension (hereinafter "CAS"), Hartford, CT 06106 Project No. Bl-2B-382; included the amount of Fifty-Seven Thousand One Hundred Fifty-Two Dollars ($57, 152.00) authorized for CMR Preconstruction Phase Services Cost for the CAS project, which amount is not factored into and made part of th e GMP; and which also included the amount of Seven Hundred Forty-Nine Thousand Two Hundred Thirty-Eight Dollars ($749,238.00) authorized for CMR Construction Phase Services Cost for th e CAS project, which amount is factored into and made part of th e GMP set forth below; and CMR Projects - Guaranteed Maximum Price Amendment Project Nos. 8 1-28-381 CMR and 81-28-382 CT De.e_artment of Administrative Services - 9-30-13 Core CT No.: 16DAS3009AA Page 2 of4 Whereas, DAS issued a Work Authorization Order No. 2 on June 16, 2017, in the amount of Sixteen Million Six Hundred Ninety-Four Thousand Four Hundred Forty-Two Dollars ($16,694,442.00), which amount is factored into and made a part of the GMP set forth below; and Whereas, DAS issued a Work Authorization Order No. 3 on August 23, 2017, in the amount of Twelve Million Two Hundred Seventeen Thousand Five Hundred Fifteen Dollars ($12,217,515.00), of which amount the amount of Eleven Million Eight Hundred Twenty-Six Thousand Four Hundred Ninety-Five Dollars ($11 ,826,495.00) is factored into and made part of the GMP set forth below, and the CMR Preconstruction Phase Services Cost in the amount of Three Hundred Ninety-One Thousand Twenty Dollars ($391,020.00) is not factored into and made part of the GMP set forth below; and Whereas, DAS issued a Work Authorization Order No. 4 on September 14, 2017, in the amount of Four Million One Hundred Eighty-Eight Thousand One Hundred Sixty-Seven Dollars ($4,188,167.00), which amount is factored into and made a part of the GMP set forth below; and Whereas the Owner and CMR wish to establish a Guaranteed Maximum Price and Contract Time for the Work as contemplated by the Agreement and described in Section 2.2 thereof. The Work in this GMP is restricted to the New Parking Garage and certain trade work at the State Office Building for 81-28-381, and the CAS project, 81-28-382. Now, therefore, in consideration of the mutual covenants, terms, and conditions herein contained, the parties hereto do hereby agree to amend the Agreement (as it may have been previously amended to the date hereof) as follows: 1. The CM R's Guaranteed Maximum Price ("GMP") for the scope of Work set forth in this GMP Amendment is: Sixty-Six Million Two Hundred Sixty-Eight Thousand Two Hundred Twenty-Three and 00/100 Dollars ($66,268,223.00). 2. The GMP is for the performance of the Work in accordance with the Contract Documents and items listed below, which items are compiled as the Guaranteed Maximum Price Proposal, attached hereto and by this reference made a part of this GMP Amendment. The GMP Proposal consists of the following items marked Exhibits A through K as follows: Exhibit A Letter dated November 2, 2017 from CMR to the Owner regarding this GMP Proposal. Said letter includes statements pertinent to the following: (a) Total GMP amount for this GMP Amendment (b) Substantial Completion with confirmation of associated Liquidated Damages (c) Date of Acceptance with confirmation of associated Liquidated Damages (d) Formal recommendation for approval of the listed Trade Contractors (e) Statement reaffirming all warranties, acknowledgements, certifications contained in CMR Agreement (see section 2.2.12 of CMR Agreement) (f) Debarred Trade Contractors (g) Trade Contractor's Licenses (h) CMR Insurance Certificates (i) CMR Bonds, Bond Rider, Powers of Attorney, and Surety Sheet U) Wage Certifications and Prevailing Wage Rates Exhibit B GMP Proposal Summary Sheet Exhibit C Approved Changes in Process Exhibit D Allowance items Exhibit E Alternate Prices (if applicable) Exhibit F Assumptions and Clarifications made in preparing th e GMP Exhibit G List of Drawings Exhibit H List of Specifications Exhibit I Construction Schedule CMR Projects Project Nos.: 81-28-381 CMR CT Department of Administrative Services - 9-30-13 81-28-382 Page 3 of 4 Exhibit J Bid Comparison Summary Exhibit K Wage Certifications 3. Notwithstanding anything to the contrary in the CMR Agreement regarding the commencement of the Construction Phase of the project upon approval of a GMP amendment, this GMP amendment for the New Parking Garage and the GAS project does not commence the Construction Phase duration of 720 day·s for Project Bl-28-381 as set forth in the Agreement. The Construction Phase duration will commence upon approval of an amendment to this GMP Amendment that adds the State Office Building Work. 4. The date of Substantial Completion established by this GMP Amendment for the New Parking Garage is: February 19, 2019. The date of Acceptance established by this GMP Amendment for the New Parking Garage is: May 20, 2019. 5. The date of Substantial Completion established by this GMP Amendment for the GAS is: February 7, 2019. The GAS chilled and hot water connection will be available to the State Office Building no later than October 15, 2018. The date of Acceptance established by this GMP Amendment for the CAS is: May 8, 2019. 6. The Appendix I attached hereto and made a part hereof replaces the Appendix I to the Agreement. 7. All of the terms and conditions of the Agreement as it may have been previously amended to the date hereof, not hereby amended by .this GMP Amendment shall remain in full force and effect. 8. This GMP Amendment shall take effect upon its approval as to form as noted in Paragraph 9. 9. This GMP Amendment shall not be binding on the State unless and until it is approved as to form by the Attorney General of the State of Connecticut, th e Deputy Attorney General of the State of Connecticut, or an Associate Attorney General of the State of Connecticut. 10. Campaign Contribution Restriction. For all State contracts, defined in Conn. Gen. Stat. §9-612(g)(1) as having a value in a calendar year of $50,000 or more, or a combination or series of such agreements or contracts having a value of $100,000 or more, the authorized signatory to this contract expressly acknowledges receipt of the State Elections Enforcement Commission's notice advising state contractors of state campaign contribution and solicitation prohibitions, and will inform its principals of the contents of the notice, as set forth in "Notice to Executive Branch State Contractors and Prospective State Contractors of Campaign Contribution and Solicitation Limitations,'' attached as "Attachment." CMR Projects Project Nos.: 81-28-381 CMR CT Department of Administrative Services - 9-30-13 81-28-382 Page 4 of 4 IN WITNESS WHEREOF, the Owner, acting herein by the Commissioner or designee, duly authorized, of the Department of Administrative Services, and the CMR have executed this GMP Amendment. Attested by: State of Connecticut (the "Owner") ~ . ~. Q>9.-v\°' Witness signature MeiC)(J}ltiryBy ~)~ Commissioner Department of Administrative_Servi ces Print name (_,.._"t\AY t. f t-l E:.. ~I Date signed: J / f<tl I 7 Witn z~~ · ~ I I Print name ~clael'L~ Al\.