AMENDED AND RESTATED DESIGN-BUILD AGREEMENT FOR GUARANTEED MAXIMUM PRICE ARCHITECTURAL, ENGINEERING AND CONSTRUCTION SERVICES DATED SEPTEMBER 14, 2005 CHANGE ORDER AND AMENDMENT
Exhibit 10.3
AMENDED AND RESTATED
DESIGN-BUILD AGREEMENT FOR GUARANTEED MAXIMUM PRICE
ARCHITECTURAL, ENGINEERING AND CONSTRUCTION SERVICES
DATED SEPTEMBER 14, 2005
CHANGE ORDER AND AMENDMENT
10 MARCH 2006
| Project: Xxxx Resorts Macau |
Change Order No.: 1 | |
| “Contractor”: jointly and severally: LEIGHTON CONTRACTORS (ASIA) LIMITED 39th Floor, Sun Hung Kai Centre 00 Xxxxxxx Xxxx Xxxxx Xxxxxxx Xxxx Xxxx |
“Owner”: WYNN RESORTS (MACAU) S.A. 000-000, Xxxxxxx Xx. Carlos d’Asumpcao 0xx Xxxxx, Xxxxxxx Xxxxxx Xxxxx | |
| CHINA STATE CONSTRUCTION ENGINEERING (HONG KONG) LIMITED 00xx Xxxxx, Xxxxx Overseas Xxxxxxxx 000 Xxxxxxxx Xxxx Xxxx Xxxx |
||
| XXXXX CONSTRUCTION ENGINEERING (MACAU) COMPANY LIMITED Rua do Xxxxx Xx. 00 Xxxxxxxx Xxxxxxxxxx Xxxxx Xxxx, 00 andar Macau |
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Pursuant to Article XVIII of that certain Amended and Restated Design-Build Agreement for Guaranteed Maximum Price Architectural, Engineering and Construction Services between Owner and Contractor for the design and construction of a luxury resort/hotel/casino complex in Macau known as Wynn Resorts Macau, executed and delivered as a deed on September 14, 2005 (the “Contract”), and the desire of the Owner and Contractor to amend and supplement certain terms and provisions of the Contract, the Contract is hereby modified by this agreement and all related drawings, plans and specifications attached hereto (collectively, the “Change Order”), made as a deed effective as of the date set forth above:
1
Scope of Work. The Scope of Work is changed as follows;
1. Revised Elevator Lobby
Location: Front of House Hotel Lobby
The entry to the Hotel Public Lift Lobby is revised to improve traffic flow and increase exposure to the retail space. The side elevation of Retail Space 5, facing the lobby, is revised from glass to interior décor consistent with the surrounding lobby. The side elevation to Retail 6A, facing the Hotel Public Lift Lobby, is revised to glass.
Change Request Form: 106
Design Action Notification: XXX/0001
Increase to the Guaranteed Maximum Price: HK$ 40,000/ USD 5,128
2. Convert Spa single rooms to doubles
Location: Spa & Health Club in Level 1
The layout of the Spa and Health Club is revised to incorporate a pair of enlarged relaxation rooms for couples in place of the original four single relaxation rooms. Two additional single relaxation rooms are added adjacent to the lounges. Finishes to the Spa Manager’s office are upgraded to front of house standard.
Change Request Form: 107
Design Action Notification: XXX/ 002
Increase to the Guaranteed Maximum Price: HK$ 353,561/ USD 45,329
3. Additional service counters and Points of Sale.
Location: Grand Café, Japanese Restaurant, Noodles Restaurant, Food Court, VIP dining and Italian Restaurant.
Additional service counters with point of sale provisions are included to the various restaurants and food outlets as follows:
Grand Café
Japanese Restaurant
Noodles Restaurant
Food Court
VIP Dining
Italian Restaurant
Change Request Form: 109
Design Action Notification: XXX/ 003
Increase to the Guaranteed Maximum Price: HK$ 142,500/ USD 18,270
2
4. Relocation of Satellite Bank
Location: South Side Back of House Area
The Satellite Bank is relocated from the Ground Floor (GL 18/F-1) into the unassigned area at the First Floor (GL 17/ C-4). A new cart storage area is added adjacent to the cage to be connected to the Satellite bank above via a vertical shaft with a dumb waiter.
Change Request Form: 110
Design Action Notification: XXX/ 004
Increase to the Guaranteed Maximum Price: Nil
5. Employees’ Kiosk
Location: First Floor, South Side, Back of House Area.
Employee kiosks (2nr) are added adjacent to the Health Care Centre and Satellite Bank respectively.
Change Request Form: 113
Design Action Notification: XXX/ 006
Increase to the Guaranteed Maximum Price: HK$ 120,000/ USD 15,385
6. Observation Room layout
Location: First Floor, I.T Department
The layout of the Observation Room is rearranged to create additional space for security staff and monitoring equipment.
Change Request Form: 115
Design Action Notification: XXX/ 017
Increase to the Guaranteed Maximum Price: HK$ 27,500/ USD 3,526
7. Chinese Restaurant
Location: Ground Floor, Chinese Restaurant
The layout and interior design of the restaurant is revised. The revised design incorporates a separate entrance to allow public officials and families with minors to access from outside the Casino. The layout and seating plan to the restaurant are revised accordingly.
Change Request Form: 116
Design Action Notification: As set out in the various revised drawings listed in Appendix A to this Change Order No.1.
Increase to the Guaranteed Maximum Price: Nil
3
8. Casino Lounge
Location: Ground Floor, Casino Lounge
The layout and interior design of the Casino Lounge is revised to allow inclusion of the separate entry to the Chinese Restaurant which bypasses the Casino. The Casino Lounge area will also function as the entrance/ waiting area for the Chinese Restaurant with access from the Casino side.
Change Request Form: 117
Design Action Notification: As set out in the various revised drawings listed in Appendix A to this Change Order No.1.
Increase to the Guaranteed Maximum Price: Nil
9. End Suite to be upgraded to Villas
Location: Hotel End Suites (S2s)
The interior décor to Hotel End Suites (S2s) from floors 13 to 22 (10 nr) is upgraded.
Change Request Form: 118
Design Action Notification: XXX/ 0018
Increase to the Guaranteed Maximum Price: HK$ 6,120,528/ USD 784,684
10. Power and mounting support for External Retail Signage
Location: Exterior Façade at North Elevation
Power provisions added for 3nr exterior retail signs at North Elevation. Signage is to be provided by retailers.
Change Request Form: 119
Design Action Notification: XXX/ 0013
Increase to the Guaranteed Maximum Price: HK$ 110,000/ USD 14,103
4
11. Hotel Main Entry layout
Location: Main Hotel Entrance
The Hotel Main Entry is revised to incorporate a revolving door.
Change Request Form: 122
Design Action Notification: XXX/ 0007
Increase to the Guaranteed Maximum Price: HK$ 250,000/ USD 32,052
12. Coat Check-in and Storage
Location: First Floor, Meeting Rooms
A separate coat check-in and storage area is added adjacent to the Main Meeting Rooms at the First Floor GL 20/ V-T.
Change Request Form: 123
Design Action Notification: XXX/ 0014
Increase to the Guaranteed Maximum Price: HK$ 50,000/ USD 6,410
13. Hotel Registration Counter
Location: Hotel Main Registration Counter
Provision of additional cooling fans to the Main Registration counter to meet cooling requirements of I.T Equipment.
Change Request Form: 125
Design Action Notification: XXX/ 0046
Increase to the Guaranteed Maximum Price: HK$ 76,000/ USD 9,744
14. VIP Manager’s Office / pantry
Location: Ground Floor, VIP Area
The private dining room to the VIP Casino is deleted and is replaced with a VIP Manager’s Office, dry pantry and connecting corridor.
Change Request Form: 126
Design Action Notification: XXX/ 0019
Increase to the Guaranteed Maximum Price: HK$ 67,000/ USD 8,590
5
15. VIP Registration Counter
Location: Ground Floor, VIP Registration
Minor changes to registration counter design to accommodate operating equipment requirements.
Change Request Form: 127
Design Action Notification: As set out in the various revised drawings listed in Appendix A to this Change Order No.1.
Increase to the Guaranteed Maximum Price: Nil
16. Cashier stations for restaurants
Location: Ground Floor, Chinese Restaurant, Grand Cafe, Japanese Restaurant, Noodles Restaurant and First Floor, Italian Restaurant.
Cashier stations are added to the kitchens within the following restaurants:
Chinese Restaurant
Grand Café
Japanese Restaurant
Noodles Restaurant
Italian Restaurant
Change Request Form: 130
Design Action Notification: XXX/ 008
Increase to the Guaranteed Maximum Price: HK$ 75,075/ USD 9,625
17. Refrigerated wine cabinets
Location: First Floor, Italian Restaurant
Refrigerated wine coolers (4nr) are included at the Italian Restaurant. These are to be housed in millwork at the back of the drinks bar.
Change Request Form: 132
Design Action Notification: XXX/ 0057
Increase to the Guaranteed Maximum Price: HK$ 200,000/ USD 25,641
6
18. Power and data for additional ATMs
Location: Podium Areas
Power and data provisions are included for additional ATMs at the following locations:
Chinese Restaurant – 1nr
Food Court – 1nr
Retail Promenade – 2nr
Staff Dining – 2nr
Change Request Form: 133
Design Action Notification: XXX/ 0015
Increase to the Guaranteed Maximum Price: HK$ 30,000/ USD 3,831
19. Re-design Spa lockers
Location: First Floor, Spa & Health Club
The detail of the changing room lockers is revised to accommodate hanging of coats within individual lockers.
Change Request Form: 135
Design Action Notification: XXX/ 0016
Increase to the Guaranteed Maximum Price: HK$ 52,000/ USD 6,667
20. Exterior entry from Pool side
Location: Ground Floor, Japanese Restaurant
A separate entrance is provided at the pool side, which will allow access to public officials and minors without entering the Casino.
Change Request Form: 138
Design Action Notification: XXX/ 0020
Increase to the Guaranteed Maximum Price: Nil
7
21. Enlarge width of connecting door
Location: All levels of the Hotel Tower
The width of doors connecting the standard guest rooms corridor to VIP Room corridor are increased to allow easier access for house keeping services carts.
Change Request Form: 139
Design Action Notification: XXX/ 0009
Increase to the Guaranteed Maximum Price: HK$ 15,000/ USD 1,923
22. Spare toilet roll holder and retractable clothes line
Location: All typical guest rooms in Tower
Provision of a retractable clothes line and an additional toilet roll holder to all bathrooms.
Change Request Form: 140
Design Action Notification: XXX/ 0021
Increase to the Guaranteed Maximum Price: HK$ 270,000/ USD 34,616
23. Additional towel rings
Location: Hotel End Suites (S2s)
Provision of an additional hand towel ring at the powder rooms of all End Suites (S2s).
Change Request Form: 141
Design Action Notification: XXX/ 0022
Increase to the Guaranteed Maximum Price: Nil
24. Security Monitor Room layout
Location: First Floor, Security Monitor Room
The Security (Monitor Room) and adjacent unassigned space are combined into a single enlarged Monitor room and the interior and equipment layout is revised as shown on marked up drawing WRM/186.01 rev.0 attached with the CRF 142.
Change Request Form: 142
Design Action Notification: XXX/ 0010
Increase to the Guaranteed Maximum Price: HK$ 33,000/ USD 4,231
8
25. Lost & Found Room layout
Location: First Floor, Lost and Found Room
The room layout is revised and a service window, with security grille, and additional racking are provided.
Change Request Form: 143
Design Action Notification: XXX/ 0011
Increase to the Guaranteed Maximum Price: HK$ 60,000/ USD 7,692
26. E&M provision for Post Mix
Location: First Floor, Back of House Area
Post mix provisions for the Podium Food and Beverage outlets are revised. The change involves provision of 4 nr stand alone systems for the Casino Service and a centralized system to serve the Staff Dining facility. Post mix equipment is to be supplied and installed by the operator with additional electrical and mechanical provisions for functioning of the equipment to be provided by the Contractor.
Change Request Form: 145
Design Action Notification: XXX/ 0067
Increase to the Guaranteed Maximum Price: HK$ 150,000/ USD 19,231
27. E&M provision for additional TVs
Location: First Floor, Health Club & Spa
Power and signal cable provision is added for LCD TV screens at two locations.
Change Request Form: 146
Design Action Notification: XXX/ 0012
Increase to the Guaranteed Maximum Price: HK$7,500/ USD 962
28. Additional power points and shelving
Location: Ground Floor, Hotel Service Kitchen
Shelving and power provision is added for an additional 11 nr hot boxes at the Hotel service kitchen.
Change Request Form: 147
Design Action Notification: XXX/ 0023
Increase to the Guaranteed Maximum Price: HK$ 45,000/ USD 5,769
9
29. Installation of whiteboards
Location: First Floor, Business Centre & Executive Office
The original presentation rails to these rooms are cancelled. The Owner will provide whiteboards to be installed by the Contractor.
Change Request Form: 148
Design Action Notification: XXX/ 0047
Increase to the Guaranteed Maximum Price: Nil
30. E&M provision for additional LCD display
Location: Ground Floor, Public Areas
Power and data provisions are added for LCD displays (Janus boards) at two ground floor locations.
Change Request Form: 149
Design Action Notification: XXX/ 0048
Increase to the Guaranteed Maximum Price: HK$7,500/ USD 962
31. Power points provision for fly exterminators
Location: All kitchens
Provision for a total of 22nr additional fly exterminators to be provided in the kitchens.
Change Request Form: 152
Design Action Notification: XXX/ 0024
Increase to the Guaranteed Maximum Price: HK$115,000/ USD 14,744
32. Change door opening
Location: Hotel Retail Space 11 and 12
The store area in retail space 11 is reassigned to Retail Space 12. The change involves moving the store door opening to a new position within Retail Space 12.
Change Request Form: 154
Design Action Notification: XXX/ 0025
Increase to the Guaranteed Maximum Price: Nil
10
33. Additional I.T & Points of Sale
Location: All Areas.
Additional POS service points are provided for Food and Beverage and Retail outlets based on Wynn Resorts Macau’s final requirements.
Change Request Form: 156
Design Action Notification: XXX/ 0038
Increase to the Guaranteed Maximum Price: HK$ 230,000/ USD 29,488
34. Robe hooks on Closet Room
Location: All Guest Rooms
The robe hooks to Guest room closet doors are deleted. Surplus robe hooks are to be installed at the Bathrooms as directed by the Interior Designer.
Change Request Form: 161
Design Action Notification: XXX/ 0040
Increase to the Guaranteed Maximum Price: Nil
35. Pneumatic tube ducts
Location: Gaming and Related Support Areas
Drywall enclosures to pneumatic tube ducts are deleted.
Change Request Form: 162
Design Action Notification: XXX/ 0026
Increase to the Guaranteed Maximum Price: Nil
36. Re-arrange wall at Executive Office
Location: First Floor, Executive Offices
The wall detail between Office 1 and the Conference Room is revised to form an enlarged drapery pocket that extends the full length of the window at GL Q/P. Lighting and drapery to the room will be controlled from Office No.1 to ensure the window is lit uniformly when viewed from the outside.
Change Request Form: 163
Design Action Notification: XXX/ 0039
Increase to the Guaranteed Maximum Price: Nil
11
37. Electronic access controlled doors
Location: All areas.
Final revisions are incorporated to the Electronic access controlled doors to meet Wynn Resorts Macau’s security consultant’s requirements.
Change Request Form: 165
Design Action Notification: XXX/ 0050
Increase to the Guaranteed Maximum Price: Nil
38. IT Cable Infrastructure
Location: All areas
Final revisions are incorporated to the IT cabling infrastructure to meet Wynn Resorts Macau Operation’s requirements.
Change Request Form: 166
Design Action Notification: XXX/ 0051
Increase to the Guaranteed Maximum Price: Nil
39. Upgrade the Radio System
Location: All areas
The trunk radio system is upgraded from an analogue system to a digital system with capacity for 300 handsets and the flexibility for future expansion to 900 handsets.
The Contractor provides cabling for the radio system with all handsets and active equipment to be provided by the Owner.
Change Request Form: 167
Design Action Notification: XXX/ 0027
Increase to the Guaranteed Maximum Price: Nil
40. Extend Bag Storage Area
Location: Ground Floor, Hotel Lobby
The baggage store is extended to provide a separate area for long term bag storage.
Change Request Form: 170
Design Action Notification: XXX/ 0028
Increase to the Guaranteed Maximum Price: HK$ 40,696/ USD 5,217
12
41. Ice Machine surround
Location: Hotel Tower
Provision of partitions to enclose space behind the ice making machines on each Hotel floor.
Change Request Form: 171
Design Action Notification: XXX/ 0029
Increase to the Guaranteed Maximum Price: HK$ 47,300/ USD 6,064
42. Replace grill plate with deep fryer
Location: Café Kitchen
The grille plate is replaced with a deep fat fryer at this kitchen.
Change Request Form: 172
Design Action Notification: XXX/ 0030
Increase to the Guaranteed Maximum Price: HK$ 10,000/ USD 1,283
43. Chopping board length adjustment
Location: Commissary Kitchen, R.S Kitchen, Japanese Sushi Bar, Italian Restaurant Kitchen.
The chopping boards at these kitchens are increased in length.
Change Request Form: 173
Design Action Notification: XXX/ 0052
Increase to the Guaranteed Maximum Price: HK$ 10,000/ USD 1,283
44. Convert Sushi Counter sink into sensor operated
Location: Japanese Restaurant
The faucet provided to the Sushi Bar sink is to be sensor operated in lieu of manual.
Change Request Form: 174
Design Action Notification: XXX/ 0031
Increase to the Guaranteed Maximum Price: HK$ 10,000/ USD 1,283
13
45. Shifted door position
Location: First Floor, Security Workshop
The door to the workshop is moved to allow entry from the adjacent Security Office only and not from adjacent corridor as previously planned.
Change Request Form: 175
Design Action Notification: XXX/ 0032
Increase to the Guaranteed Maximum Price: HK$ 3,000/ USD 385
46. Suite S – 1 bar modifications.
Location: Hotel Tower
Bars within the S1 Suites are extended by approximately 380 mm for inside suites and 590 mm for the outside suites.
Change Request Form: 176
Design Action Notification: XXX/ 0033
Increase to the Guaranteed Maximum Price: HK$ 150,000/ USD 19,231
47. Surveillance Room reception area layout
Location: First Floor, Surveillance Room
The layout of the room is revised to allow one additional workstation.
Change Request Form: 177
Design Action Notification: XXX/ 0034
Increase to the Guaranteed Maximum Price: HK$ 41,500/ USD 5,321
48. Glass shelf at the vanities
Location: Hotel Rooms
At all hotel rooms above the 9th Floor the glass shelf above the vanity counters is to be raised as per revised Interior Design requirements.
Change Request Form: 178
Design Action Notification: XXX/ 0035
Increase to the Guaranteed Maximum Price: Nil
14
49. Add service cashier in kitchen
Location: Ground Level, Lobby Lounge
A cashier service station is added in the kitchen.
Change Request Form: 179
Design Action Notification: XXX/ 0036
Increase to the Guaranteed Maximum Price: HK$ 75,075/ USD 9,625
50. Door addition and upgrade to Front of House finishes.
Location: Japanese Restaurant Kitchen
The interior finishes adjacent to the kitchen entrance are upgraded to front of house standard where visible to the public and an additional door added.
Change Request Form: 180
Design Action Notification: XXX/ 0037
Increase to the Guaranteed Maximum Price: HK$ 100,000/ USD 12,821
51. Upgrade Dealers’ Entry finishes
Location: Main Casino Area
The doors at the dealers’ entry to the Casino along GL 15 are removed. The interior décor to service corridor at this location becomes visible to the public and is upgraded to a front of house standard.
Change Request Form: 182
Design Action Notification: XXX/ 0041
Increase to the Guaranteed Maximum Price: HK$ 400,000/ USD 51,282
52. Public Restroom entry
Location: Ground Floor, Lobby Lounge
The entrance to the Public Restrooms located between GL 9-10 and P-Q is relocated away from the main Promenade. A separate access corridor to the restrooms is created through the North West corner of the Lobby Lounge leading from the Promenade check-out area.
Change Request Form: 183
Design Action Notification: XXX/ 0042
Increase to the Guaranteed Maximum Price: Nil
15
53. Lobby Lounge revision
Location: Ground Floor, Lobby Lounge
The wall layout at the South East corner of the Lobby Lounge is revised as a result of the introduction of the external entry to the Japanese Restaurant on the pool side and which impacts on the layout of the private dining area adjacent to the Lobby Lounge.
Change Request Form: 184
Design Action Notification: XXX/ 0043
Increase to the Guaranteed Maximum Price: Nil
54. Re-aligning the glass façade to Retail Space # 12
Location: Retail Promenade
The glass façade to Retail Space 12 is re-aligned with the setting out of the flooring and ceiling revised accordingly.
Change Request Form: 185
Design Action Notification: XXX/ 0044
Increase to the Guaranteed Maximum Price: HK$ 20,000/ USD 2,564
55. Eliminating honed stone within End Suite living rooms
Location: Hotel End Suites (S2s)
Stone flooring in the suite living rooms is changed to all polished stone in lieu of the honed/ polished stone mix for consistency of floor finish.
Change Request Form: 186
Design Action Notification: XXX/ 0045
Increase to the Guaranteed Maximum Price: HK$ 30,000/ USD 3,846
16
56. Re-design Cage counters
Location: Cage Counters
Provision of additional cooling fans to the Cage counters counter to meet cooling requirements of IT Equipment.
Change Request Form: 187
Design Action Notification: XXX/ 0058
Increase to the Guaranteed Maximum Price: Nil
57. Reverse shower layout and add bench Executive Office bathroom
Location: Executive Office
The layout of the shower in Executive Office No.1 is revised and a bench added.
Change Request Form: 189
Design Action Notification: XXX/ 0049
Increase to the Guaranteed Maximum Price: Nil
58. Relocation of Hotel Garbage Chute
Location: First Floor Linen Sorting and Third Floor Hotel Garbage Chute
The Hotel garbage collection room is relocated from the First Floor to the area previously assigned as a store room on the Third Floor (adjacent to the Service Lift Lobby). The Laundry collection room at the First Floor is enlarged into the area previously assigned for garbage collection. As a result the installed garbage chute is to be modified to terminate at the Third Floor and room finishes are revised to meet standards required for a wet area.
Change Request Form: 191
Design Action Notification: XXX/ 0059
Increase to the Guaranteed Maximum Price: HK$ 340,000/ USD 43,590
17
59. Increase 5no. of doors’ width
Location: First Floor, Service Lift Lobby
The opening width of 5 nr doors within the service lift lobby is increased to allow easier access for housekeeping service cart.
Change Request Form: 192
Design Action Notification: XXX/ 0053
Increase to the Guaranteed Maximum Price: Nil
60. Upgrade Lift Lobby finishes
Location: Multi-storey Car Park
The lift and lift lobby interior finishes at the car park are upgraded from a “back of house” to a “front of house” standard and air conditioning is introduced to the lobbies.
Change Request Form: 194
Design Action Notification: XXX/ 0060
Increase to the Guaranteed Maximum Price: HK$ 800,000/ USD 102,565
61. Revised layout of Staff Entrance
Location: Podium External Entry
The internal layout at the Staff Entry is revised to incorporate a separate entry to the recruitment office with access/ egress control by automatic turnstiles.
Change Request Form: 196
Design Action Notification: XXX/ 0068
Increase to the Guaranteed Maximum Price: Nil
62. Marquee Sign foundation
Location: North West Corner of Site
The reinforced concrete foundation for the Wynn Marquee sign is added to the Contractor’s scope of work.
Change Request Form: 197
Design Action Notification: XXX/ 0061
Increase to the Guaranteed Maximum Price: HK$ 8,000,000/ USD 1,025,641
18
63. Detailing and millwork in Back of House areas
Location: All Back of House Areas
Minor changes to millwork in the Back of House areas to match the final layout of system furniture and FF & E. Generally electrical and mechanical services locations are to remain unchanged and as installed on site unless required to accommodate specific equipment needs.
Change Request Form: 198
Design Action Notification: As set out in the various revised drawings listed in Appendix A to this Change Order No.1
Increase to the Guaranteed Maximum Price: Nil
64. Clarification of rigging, A/V and lighting
Location: Grand Ballroom
The steelwork gantry for support to stage rigging, audio/ visual and lighting equipment is to be supplied and installed by the Contractor and not by the Owner’s specialist contractor as provided in the original scope.
Change Request Form: 199
Design Action Notification: As set out in the various revised drawings listed in Appendix A to this Change Order No.1
Increase to the Guaranteed Maximum Price: Nil
65. Delete side wall of the Slot Club booth
Location: Slot Machine Area
The side walls to the Casino slot booth are deleted to allow unrestricted views of the slot area.
Change Request Form: 201
Design Action Notification: XXX/ 0054
Increase to the Guaranteed Maximum Price: Nil
19
66. Re-layout of DICJ Room and Police Room
Location: DICJ & Police Room
The internal layout of the Security (Police) office and DICJ Regulators’ office are revised and a power and data provision for LCD screens is included for two locations.
Change Request Form: 202
Design Action Notification: XXX/ 0055
Increase to the Guaranteed Maximum Price: HK$30,765/ USD 3,944
67. Warehouse layout
Location: Warehouse Area
A separate Retail Storage room is provided within the Warehouse space. The Security Guard room is revised to function as the Inventory Control Office and a new workspace is added for warehouse staff within the Staging area incorporating fixed millwork work stations. The layout of the installed AFSS systems in the Warehouse is also to be modified based on the final racking layout received from WRM operations.
Change Request Form: 203
Design Action Notification: XXX/ 0062
Increase to the Guaranteed Maximum Price: HK$ 185,000/ USD 23,718
68. Mail Room detailing
Location: Ground Floor, Mail Room
Minor changes to millwork detailing based on final FF&E requirements. The room will incorporate a shut-off switch that allows isolation of the HVAC system in the event of receiving potentially hazardous material.
Change Request Form: 204
Design Action Notification: XXX/ 0056
Increase to the Guaranteed Maximum Price: HK$ 17,500/ USD 2,244
20
69. Revision to Retail Promenade
Location: Retail Promenade
Minor changes to the demising walls around retail spaces to meet specific requirements of tenants.
Change Request Form: 205
Design Action Notification: XXX/ 0069
Increase to the Guaranteed Maximum Price: Nil
70. Detailing of the Lobby Lounge bar
Location: Ground Floor, Lobby Lounge
The layout of the back of house area is revised to incorporate a new kitchen and cocktail bar. In order to accommodate the kitchen the original service bar area is reduced and relocated and the performers’ room reduced in size. These layout revisions involve extensive alterations to services installations and drywall that are already installed. The temporary stage unit included in the revised plans is to be supplied by the Owner.
Change Request Form: 206
Design Action Notification: XXX/ 0063
Increase to the Guaranteed Maximum Price: HK$ 1,200,000/ USD 153,847
71. Final construction revision in the Back of House area
Location: All Back of House area
Final detail changes are to be incorporated to the installed drywall and services rough-ins at the Ground Floor back of house areas as identified on the following marked up drawings:
WM20000-0018-0064-R7
WM20000-0002-048-R7
WM20000-0004-050-R9
WM20000-0005-051-R8
WM20000-0006-052-R8
WM20000-0013-059-R9
WM20000-0015-061-R6
WM20100-0101-077-R10
WM20100-0104-080-R8
WM20100-0114-090-R10
WM20100-0106-082-R10
WM20100-0117-093-R7
Change Request Form: 207
Design Action Notification: XXX/ 0064
Increase to the Guaranteed Maximum Price: HK$ 800,000/ USD 102,565
21
72. Power and data provision for additional Timelox installation
Location: First Floor, Grand Ballroom and Meeting rooms
Provision of power and data points for additional 8nr Timelox units to be installed by the Contractor at the above locations. Timelox units are supplied by the Owner for installation by the Contractor.
Change Request Form: 208
Design Action Notification: XXX/ 0065
Increase to the Guaranteed Maximum Price: HK$ 42,000/ USD 5,385
73. Construction revision and re-locate security equipment
Location: First Floor, Security and Surveillance Monitoring Rooms
The interior layout of the Security and Surveillance Monitoring Room is revised and equipment relocated as per direction of the Security Consultant on the 25th October 2005.
Change Request Form: 209
Design Action Notification: As set out in the various revised drawings listed in Appendix A to this Change Order No.1
Increase to the Guaranteed Maximum Price: Nil
74. Construction revision and detailing of the Lost & Found Room
Location: Lost and Found Room
Minor change to interior layout of the Lost and Found Room.
Change Request Form: 210
Design Action Notification: XXX/ 0066
Increase to the Guaranteed Maximum Price: Nil
22
75. Speaker Lamp Posts
Location: Main Entrance Water Feature
Lamp post columns are to be provided with Speakers and Sub-woofer for the music component of the Water Feature Display.
Increase to the Guaranteed Maximum Price: HK$ 3,500,000/ USD 448,718
76. Marque Sign: Structural steel, cladding and Building Maintenance Unit
Location: Main Entrance
Design and construct primary steelwork and cladding system for the Xxxx Xxxxxx sign, generally in accordance with proposals negotiated between Xxxx Design Development and Genetron Engineering Co Ltd who are the selected Subcontractor for this package of work. The work to be undertaken is included in the Contractor’s letter of award issued reference C2263/5.67/L-21963/MC/CMc/Fo/yi. Direct costs determined from provisional assessments which are to be adjusted to reflect the actual costs incurred by Genetron.
The scope of work further includes the provision of a Building Maintenance Unit, Contractor’s Letter of Award to Genetron, reference C2263/5.67/L-22275/MC/Fo/yi.
The applicable drawings used in defining this change are:
| Consultants (Young Electric Sign Company) Drawing List | ||||
| Drawing |
Rev | Title | ||
| A1.00 |
4 | PYLON_SIGN DETAILS | ||
| A1.01 |
4 | PYLON_SIGN DETAILS | ||
| A1.02 |
4 | PYLON_SIGN DETAILS | ||
| A1.03 |
4 | PYLON_SIGN DETAILS | ||
| S1.00 |
4 | M.O.A. LED DETAILS | ||
| S1.01 |
4 | M.O.A. LED DETAILS | ||
| S1.02 |
4 | M.O.A. LED DETAILS | ||
The scope of this change item excludes the provision of Electrical and Mechanical services, signage and any attendance on the Owner’s LCD panel contractor.
Increase to the Guaranteed Maximum Price : HKD 42,500,000/ USD5,448,718
77. Engagement of Audio-Visual specialist contractor
Location: All areas
As directed by Xxxx Design and Development in their letter to the Contractor reference 200.001594 dated 15th December 2005 the Contractor shall engage PCCW (Macau) Ltd as a direct contractor to undertake Audio Visual installation works as described therein.
Increase to the Guaranteed Maximum Price: HKD 14,362,472/ USD 1,841,343
23
78. Supply and fix signage
Location: All Areas
As directed by Xxxx Design and Development the Contractor shall engage King Wah Engineering (Macau) Company) Ltd as a direct contractor to undertake the supply and installation of signage as described in tender documents issued by Xxxx Design and Development to King Wah Engineering dated 28th October 2005.
Increase to the Guaranteed Maximum Price: HKD 1,838,181/ USD 235,664
79. Acceleration Cost Compensation
Location: Chinese Restaurant G/F Grids A-H/1-4
The original design intent and interior finishes were based upon the Xxxx Las Vegas Chinese Restaurant. Subsequently, the Owner gave direction that the Xxxx Las Vegas design was not to be implemented and requested that an entirely fresh design approach be adopted for this restaurant.
The revised design documentation was issued in September 2005 and the Contractor can now progress shop drawings, materials procurement and construction. These works are behind schedule and will jeopardize the Contractor’s ability and opportunity to achieve the Original Project Early Completion.
Therefore, the Owner directs the allocation of additional monies to compensate for overtime works so as to enable the Contractor to recover the Chinese Restaurant schedule and to further provide the Contractor the opportunity to achieve the Original Project Early Completion.
Location: Spa and Health Club, First Floor Grids P- V/ 6 -14
The original design intent and interior finishes were intended to reflect the Xxxx Las Vegas Image. The initial Interior Designers were unable to satisfy the design brief and a new design to produce space and circulation plans was implemented in November 2004. The new design has progressed through several revisions and revised design documentation will be issued progressively during October 2005. The Contractor can now progress shop drawings, materials procurement and construction. These works are behind schedule and will jeopardize the Contractor’s ability and opportunity to achieve the Original Project Early Completion.
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Therefore, the Owner directs the allocation of additional monies to compensate for overtime works so as to enable the Contractor to recover the Chinese Restaurant schedule and to further provide the Contractor the opportunity to achieve the Original Project Early Completion.
Location: Lobby Lounge: Ground Floor, N – R/ 9 -12
The original design intent and interior finishes were intended to reflect the Xxxx Las Vegas lobby lounge finishes. The initial design did not reflect the desired public and back of house circulation requirements. Furthermore, the perimeter walls were reconfigured to accommodate a rear entry to the public bathrooms along the ground floor promenade.
The circulation spaces, seating plan and cross over nodes were re-configured. CRF 206 (dated 7 November) introduced changes to the green room, beverage bar and stage areas.
The above re-design requires demolition of existing walls, building of new walls and relocation of M&E services.
Therefore, the Owner directs the allocation of additional monies to compensate for overtime works so as to enable the Contractor to recover the Chinese Restaurant schedule and to further provide the Contractor the opportunity to achieve the Original Project Early Completion.
Location: Xxxxxx Xxxxxx, Xxxxxx Xxxxx Xxxxx X.0 – D.5/ 4 – 5.3
The original design intent and interior finishes were intended to reflect the Xxxx Las Vegas casino lounge.
Subsequently, the design of the adjoining Chinese Restaurant was removed from Cleo’s scope and issued to HBA. The restaurant was given an exclusive entry from the exterior façade which affected circulation to the adjacent spaces including the casino lounge. It was during this period that the design of the casino lounge was further developed requiring concept approval from WDD to include a stand up bar and incorporation of a permanent stage. This final design was issued on 26 October 2005. The above change option was issued under CRF 117.
Therefore, the Owner directs the allocation of additional monies to compensate for overtime works so as to enable the Contractor to recover the Chinese Restaurant schedule and to further provide the Contractor the opportunity to achieve the Original Project Early Completion.
Increase to the Guaranteed Maximum Price: HK$ 4,000,000/ USD 512,821
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80. Increase to the Original Project Guaranteed Maximum Price
| Original Project Guaranteed Maximum Price |
US$ | 300,464,658 | ||
| Total of previous Change Orders |
US$ | 0 | ||
| Previous Original Project Guaranteed Maximum Price (Subtotal) |
US$ | 300,464,658 | ||
| Total of this Change Order (items 1 through 79 inclusive) |
US$ | 11,179,571 | ||
| Less – Transfer from Original Project Owner Contingency |
US$ | (0 | ) | |
| Revised Original Project Guaranteed Maximum Price thru Change Order No. 1 |
US$ | 311,644,229 |
The Original Project Guaranteed Maximum Price set forth in Section 3.1(a) of the Contract is, pursuant to the terms of this Change Order, hereby increased from US$ 300,464,658 to US$ 311,644,229 based on the Changes described in paragraphs 1 through 79 above. The detailed breakdown of the foregoing increase is contained in the revised Original Project Guaranteed Maximum Price Breakdown labeled as Revised Exhibit F dated 10 March 2006, and attached to this Change Order. Accordingly, the Original Project Guaranteed Maximum Price Breakdown attached as Exhibit F to the Contract is hereby deleted in its entirety and replaced with the Revised Original Project Guaranteed Maximum Price Breakdown attached hereto. From and after the date of this Change Order, all references in the Contract Documents to the “Original Project Guaranteed Maximum Price Breakdown” attached as Exhibit F to the Contract, shall mean and refer to the Revised Original Project Guaranteed Maximum Price Breakdown attached hereto as Revised Exhibit F. From and after the date of this Change Order, any and all references in the Contract Documents to the “Original Project Guaranteed Maximum Price” shall mean the amount of US$ 311,644,229.
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81. Project Schedule
The Original Project Schedule, included as Attachment 2 of Exhibit B to the Contract, shall remain unchanged. The Contract Time of 791 calendar days from Date of Commencement, and the Guaranteed Date of Original Project Substantial Completion, as defined in Section 4.1 of the Contract, remains unchanged by this Change Order.
82. Miscellaneous
| (a) | In the event of any inconsistency between the terms of the Contract and the terms of this Change Order, the terms of this Change Order will prevail. |
| (b) | The obligations of Contractor hereunder are joint and several. |
| (c) | Except as otherwise expressly modified hereby, the Contract will remain in full force and effect, and all of the terms and provisions of the Contract, as herein modified, are hereby ratified and reaffirmed. |
| (d) | The parties acknowledge and agree that this Change Order will constitute both an amendment to the Contract and a “Change Order” as defined under the Contract. |
| (e) | This Change Order may be executed in as many counterparts as may be deemed necessary and convenient, and by the different parties hereto on separate counterparts, each of which, when so executed, shall be deemed an original, but all such counterparts will constitute one and the same instrument. |
| (f) | All initial capitalized terms used in this Change Order shall have the meaning ascribed to them in the Contract, unless otherwise defined herein. |
| (g) | This Change Order is effective as of 10 March 2006. |
| (h) | This Change Order shall be governed by, and construed in accordance with, the laws of England. |
| (i) | This Change Order is subject to the approval and consent of the Lender’s. |
[signature page follows]
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IN WITNESS whereof this Change Order has been duly executed and delivered as a deed the day and year first above written.
| EXECUTED as a Deed on behalf of XXXX RESORTS (MACAU) S.A., a company incorporated in the Macau Special Administrative Region, by Xxxxx Xxxxx, being a person who, in accordance with the laws of that territory, is acting under the authority of the company in the presence of: |
) ) ) ) ) ) ) ) |
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| /s/ X. X. Xxxxxx Signature and name of witness |
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| SIGNED, SEALED and DELIVERED by Xxx Xxxxxxxx as attorney for LEIGHTON CONTRACTORS (ASIA) LIMITED under power of attorney dated August 18, 2005 in the presence of: |
) ) ) ) ) ) |
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|
/s/ Xxxxxx Xxxx Xxxx Lan Signature and name of witness |
By executing this deed the attorney states that the attorney has received no notice of revocation of the power of attorney | |||||
| THE COMMON SEAL of CHINA STATE CONSTRUCTION ENGINEERING (HONG KONG) LIMITED was affixed to this Deed in the presence of: |
) ) ) ) |
|||||
| /s/ CNYIP Signature and name of witness |
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|
Signature of authorized person |
/s/ O.P. Kong Signature of authorized person | |||||
|
Office held |
Chairman Office held | |||||
|
Name of authorized person (block letters) |
O.P. Kong Name of authorized person (block letters) | |||||
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| EXECUTED by Xx Xxxx Ping in his capacity as auxiliar of, and with authority to bind, CHINA CONSTRUCTION ENGINEERING (MACAU) COMPANY LIMITED a limited company incorporated in the Macau Special Administrative Region, pursuant to a resolution by the General Shareholders Meeting dated in the presence of: |
) ) ) ) ) ) ) ) ) |
By executing this deed the signatory warrants that the signatory is duly authorized to execute this deed on behalf of CHINA CONSTRUCTION ENGINEERING (MACAU) COMPANY LIMITED | ||||
|
Xxxx Xxx Signature and name of witness |
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