Exhibit 10.1

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Document A133™ – 2009 Exhibit A

 

Guaranteed Maximum Price Amendment

 

for the following PROJECT:

(Name and address or location)

 

Mast Out Facility

33 Caddie Lane — Unit 11 Portland, ME 04103

 

THE OWNER:

(Name, legal status and address)

 

ImmuCell Corp.

56 Evergreen Drive

Portland, ME 04103

 

THE CONSTRUCTION MANAGER:

(Name, legal status and address)

 

Consigli Construction Co, Inc.

15 Franklin Street

Portland, ME 04101

 

ARTICLE A.1

§ A.1.1 Guaranteed Maximum Price

Pursuant to Section 2.2.6 of the Agreement, the Owner and Construction Manager hereby amend the Agreement to establish a Guaranteed Maximum Price. As agreed by the Owner and Construction Manager, the Guaranteed Maximum Price is an amount that the Contract Sum shall not exceed. The Contract Sum consists of the Construction Manager's Fee plus the Cost of the Work, as that term is defined in Article 6 of this Agreement.

 

§ A.1.1.1 The Contract Sum is guaranteed by the Construction Manager not to exceed Four million nine hundred twenty five thousand five hundred sixteen dollars ($ 4,925,516), subject to additions and deductions by Change Order as provided in the Contract Documents.

 

§ A.1.1.2 Itemized Statement of the Guaranteed Maximum Price. Provided below is an itemized statement of the Guaranteed Maximum Price organized by trade categories, allowances, contingencies, alternates, the Construction Manager's Fee, and other items that comprise the Guaranteed Maximum Price.

(Provide below or reference an attachment.)

 

Refer to Section A.1.1.2

 

§ A.1.1.3 The Guaranteed Maximum Price is based on the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner:

(State the numbers or other identification of accepted alternates. If the Contract Documents permit the Owner to accept other alternates subsequent to the execution of this Amendment, attach a schedule of such other alternates showing the amount for each and the date when the amount expires.)

 

Not Applicable

 

ADDITIONS AND DELETIONS:

The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text.

 

This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification.

 

AIA Document A201™ —2007, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified.

 

Init.       /	AIA Document A133™ — 2009 Exhibit A. Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:40:05 on 09/21/2016 under Order No.6554576646_1 which expires on 04/06/2017, and is not for resale.
	User Notes:	(1852520786)

 

 

§ A.1.1.4 Allowances included in the Guaranteed Maximum Price, if any:

(Identify allowance and state exclusions, if any, from the allowance price.)

 

(Table deleted)

Refer to Section A.1.1.4

 

§ A.1.1.5 Assumptions, if any, on which the Guaranteed Maximum Price is based:

 

Refer to Section A.1.1.5

 

§ A.1.1.6 The Guaranteed Maximum Price is based upon the following Supplementary and other Conditions of the Contract:

 

(Table deleted)

Geotechnical Report by SW Cole Engineering dated March 31, 2016

 

§ A.1.1.7 The Guaranteed Maximum Price is based upon the following Specifications:

(Either list the Specifications here, or refer to an exhibit attached to this Agreement.)

 

Refer to Section A.1.1.7 & A.1.1.8

(Table deleted)

 

§ A.1.1.8 The Guaranteed Maximum Price is based upon the following Drawings:

(Either list the Drawings here, or refer to an exhibit attached to this Agreement.)

 

Refer to Section A.1.1.7 & A.1.1.8

(Table deleted)

 

§ A.1.1.9 The Guaranteed Maximum Price is based upon the following other documents and information:

(List any other documents or information here, or refer to an exhibit attached to this Agreement.)

 

AIA Document A133 — 2009 — Agreement between Owner and Construction Manager dated August 10, 2016

AIA Document A201 — 2007 — General Conditions of the Contract for Construction

 

ARTICLE A.2

§ A.2.1 The anticipated date of Substantial Completion established by this Amendment:

 

Refer to Section A.2.1

 

Temporary Certificate of Occupancy =	July 7, 2017
Final Certificate of Occupancy =	January 5, 2018

 

/s/ Elizabeth Williams		/s/ David Thomas
OWNER (Signature)		CONSTRUCTION MANGER (Signature)
Elizabeth Williams — Vice President		David Thomas — Project Executive
(Printed name and title)		(Printed name and title)

 

/s/ Michael F. Brigham
(Signature)
Michael F. Brigham — President & CEO
(Printed name and title)

 

Init.       /	AIA Document A133™ — 2009 Exhibit A. Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:40:05 on 09/21/2016 under Order No.6554576646_1 which expires on 04/06/2017, and is not for resale.
	User Notes:	(1852520786)

 

 

	A.1.1.2 - Estimate Summary	8/31/2016
	ImmuCell - Mast Out Facility
	GMP - Packages A & B

  

Description

Takeoff Qty

Total Cost/Unit

Total Amount

A Sitework, Foundations & Below Slab

03-30 CONCRETE

371,717

05-50 MISCELLANEOUS METALS

1,500

06-80 COMPOSITE FABRICATIONS

5,550

07-10 WATERPROOFING

9,000

11-10 LOADING DOCK EQUIPMENT

11,737

22-01 PLUMBING

132,100

26-01 ELECTRICAL

56,064

31-23 SITEWORK

430,382

A Sitework, Foundations & Below Slab

1,018,050

 

B Superstructure & Shell
03-30 CONCRETE			49,947
04-20 MASONRY			377,485
05-12 STRUCTURAL STEEL			719,371
05-50 MISCELLANEOUS METALS			405,370
07-42 METAL/COMPOSITE PANELS & SIDING			288,620
07-50 MEMBRANE ROOFING			176,680
08-10 DOORS, FRAMES & HARDWARE			58,700
08-36 OVERHEAD DOORS/LOADING DOCK EQUIP			19,250
08-51 METAL WINDOWS			15,800
09-21 DRYWALL			792
13-95 OTHER SPECIAL CONSTRUCTION			18,000
14-40 LIFTS			90,000
B Superstructure & Shell			2,220,015

 

 

	A.1.1.2 - Estimate Summary	8/31/2016
	ImmuCell - Mast Out Facility
	GMP - Packages A & B

 

Estimate Totals

 

Description		Amount				Totals				Rate				Cost per Unit
Subtotal			3,238,066				3,238,066								174.79 /SF
Design Contingency Pack. B 5%			111,001												5.99 /SF
SDI (Subcontractor Bonds)			46,887								1.400	%			2.53 /SF
Subtotal			157,888				3,395,954								183.32 /SF
Contractor's Contingency			101,879								3.000	%			5.50 /SF
General Requirements			279,105												15.07 /SF
General Conditions			834,393												45.04 /SF
Subtotal			1,215,377				4,611,331								248.92 /SF
Builder's Risk Insurance
General Liability Insurance			68,957								1.400	%			3.72 /SF
Building Permit			78,665												4.25 /SF
Performance & Payment Bond
Subtotal			147,622				4,758,953								256.89 /SF
Fee			166,563								3.500	%			8.99 /SF
Escalation
Total							4,925,516								265.88 /SF