AGREEMENT FOR GUARANTEE MAXIMUM PRICE CONSTRUCTION SERVICES

Exhibit 10.8

 

AGREEMENT FOR GUARANTEE MAXIMUM PRICE

CONSTRUCTION SERVICES

 

CHANGE ORDER

 

30 November 2004

 

 

That certain Agreement for Guaranteed Maximum Price Construction Services between Owner and Contractor for Wynn Las Vegas (“Project”) dated as of June 4, 2002 (“Contract”) is hereby modified as follows:

 

1.	SCOPE OF WORK

 

The Scope of Work is changed as follows:

 

A.

Highrise Revisions

 

1.

Exit Sign Millwork Trim

 

Provide millwork trim at corridor exit signs. All work shall be completed in accordance with Butler Ashworth NOC HRID013 dated 1 April 2004.

 

Increase to Guaranteed Maximum Price. Total increase per MCA Change Proposal Request No. 70102-52 dated 15 October 2004, $27,147.

 

2.

Relocate IR Device

 

Relocate IR Device that monitors the suite / typical corridor separation door in accordance with Butler Ashworth NOC HR034 dated 23 April 2004.

 

Increase to Guaranteed Maximum Price. Total increase per MCA Change Proposal Request No. 70102-49 dated 12 October 2004, $11,423.

3.

Salon Suite Television Bracket Modification

 

Modify salon suite television brackets at window wall per WDD field direction and mock-up room installations.

 

Increase to Guaranteed Maximum Price. Total increase per MCA Change Proposal Request No. 70102-47 dated 11 October 2004, $33,660.

 

4.

Elevator Lobby Call Button Trim

 

Provide millwork trim at elevator lobby call buttons at Casino, Spa, and 60^th floor levels due to conflict with elevator guideway support steel. All work to be done in accordance with Butler Ashworth NOC HR-ID022 dated 13 July 2004.

 

Increase to Guaranteed Maximum Price. Total increase per MCA Change Proposal Request No. 70102-51 dated 21 October 2004, $5,744.

 

5.

Salon Suite Lighting Revisions

 

Provide Salon Suite added bath vanity light box fixtures per Wynn Design & Development field directive of 27 August 2004 and Facsimile Notice to Proceed dated 30 August 2004.

 

Increase to Guaranteed Maximum Price. Total increase per MCA Change Order Request No. 70102-42 dated 27 September 2004, $66,267.

 

6.

Modify Owner Light Fixtures

 

Provide all work necessary to re-drill LF107, LF109, LF110, LF111 and LF112 including necessary re-mobilization costs for lower floors as directed by WDD Purchasing correspondence dated 17 June 2004.

 

Increase to Guaranteed Maximum Price. Total increase per MCA Change Order Request No. 70102-40 dated 27 September 2004, $47,825.

 

7.

Door Stops and Bumpers

 

Provide new cylindrical doorstops and casing bumpers at Salon and Executive Suites. All work to be done in accordance with Butler Ashworth NOC HR–ID024 dated 10 August 2004.

 

Increase to Guaranteed Maximum Price. Total increase per MCA Change Order Request No. 70102-36 dated 10 September 2004, $28,702.

 

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B.

Lowrise Masterplan

 

1.

Future Retail Area Fire Protection

 

Provide sprinkler protection for the shell space located in the parking structure that is suitable to support the build-out of this area into future retail. System shall be served by the Lowrise Fire Protection system as directed by Butler Ashworth RFI #011.

 

Increase to Guaranteed Maximum Price. Total increase per MCA Change Order Request No. 702-05 dated 15 October 2004, $28,537.

 

2.

Villa #3 Pre-Action System

 

Provide double interlock pre-action system for Villa #3 in lieu of a standard wet pipe sprinkler system as directed by WDD.

 

Increase to Guaranteed Maximum Price. Total increase per MCA Change Order Request No. 702-06 dated 15 October 2004, $16,019.

 

3.

Lobby Atrium Misting

 

Provide misting system for Main Atrium Lobby Garden to protect treetops from excessive heat gain under the skylight roof. The intent of this misting addition is to protect the treetops and MCA’s subcontractor for this workscope is to design a system suitable for the intended purpose. Butler Ashworth to approve final design.

 

Increase to Guaranteed Maximum Price. Total increase per MCA Change Order Request No. 702-09 dated 15 October 2004, $98,430.

 

4.

Light Booth Pre-Action Systems

 

Provide pre-action fire protection systems in lieu of a standard wet pipe fire sprinklers for the Lake Feature light booths per WDD field direction.

 

Increase to Guaranteed Maximum Price. Total increase per MCA Change Order Request No. 702-11 dated 15 November 2004, $24,016.

 

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5.

Umbrella Misting

 

Provide additional misting requirements to integrate misting with outdoor umbrella and heater stands throughout the Lowrise area. All work to be done in accordance with WDD revised Umbrella & Heater Pole Matrix issued on 6 October 2004.

 

Increase to Guaranteed Maximum Price. Total increase per MCA Change Order Request No. 702-10 dated 22 October 2004, $21,843.

 

6.

Skylight Revisions

 

Provide South Porte Cochère No. 3-4 in accordance with revised design documents and modify STS Entry Skylight in accordance with approved shop drawings prepared by Butler Ashworth.

 

Increase to Guaranteed Maximum Price. Total increase per MCA Change Order Request No. 70202-13 dated 29 November 2004, $108,749.

 

C.

Lowrise Area 1

 

1.

Trane Chiller Interface

 

Provide integration controls for the Trane Chillers and Yamas energy management system to allow two-way communication. Reference WDD Notice to proceed dated 25 October 2003

 

Increase to Guaranteed Maximum Price. Total increase per MCA Change Proposal Request No. 702-01 dated 15 October 2004, $77,405.

 

2.

Central Plant Valve Proofing

 

Provide additional 16” control valve and 16 each valve end switch monitoring per Wynn Las Vegas Engineering’s request dated 11 May 2004 and WDD’s Change Directive dated 26 October 2004.

 

Increase to Guaranteed Maximum Price. Total increase per MCA Change Proposal Request No. 702-02 dated 15 October 2004, $31,407.

 

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3.

Added Flow Meter at Domestic Water Line

 

Install flow meter and pressure taps at Domestic Water line as requested by Wynn Las Vegas Engineering. Reference Von Rasmussen letter dated 23 August 2004.

 

Increase to Guaranteed Maximum Price. Total increase per MCA Change Proposal Request No. 702-03 dated 15 October 2004, as approved by WDD on 26 October 2004 for a total value of $13,273.

 

4.

Lobster Tank & Equipment

 

Provide Lobster Tanks and Equipment in accordance with operations criteria and Acrylic Tank Manufacturing’s proposal.

 

Increase to Guaranteed Maximum Price. Total increase per MCA Change Proposal Request No. 711-07 dated 22 October 2004, $113,764.

 

5.

Added Gas Flow Meters at Central Plant

 

Provide gas flow meters for the seven (7) boilers located in the Central Plant as a requirement of the Authority to Construct permit issued by the Clark County Department of Air Quality.

 

Increase to Guaranteed Maximum Price. Total increase per MCA Change Proposal Request No. 702-08 dated 15 October 2004, $15,560.

 

6.

Area 1 Drain Pans and Mechanical System Revisions

 

Provide Drain Pans over AV storage and temporary hot and tempered water loops to allow for cleaning of the mechanical piping in support of the Highrise and Aqua Theater mechanical system start-up.

 

Increase to Guaranteed Maximum Price. Total increase per MCA Change Proposal Request No. 711-01 dated 22 October 2004 as modified and agreed upon, $22,801.

 

7.

LX-750 Neon Covers

 

Provide Lexan covers at neon coves in the Convention Promenade due to code concerns attributed to neon accessibility. Lexan cover added at all locations for color consistency, based on RFI No 732 dated 2 June 2004.

 

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Increase to Guaranteed Maximum Price. Total increase per MCA Change Proposal Request No. 711-03 dated 22 October 2004, $31,052.

 

8.

Smoke Guard Door Addition

 

Provide Smoke Guard Doors at elevators K12, K13 and K14 at the basement and casino levels in response to Clark County Building Department correction notice. All work shall be completed per Butler Ashworth Notice of Clarification dated 14 October 2004.

 

Increase to Guaranteed Maximum Price. Total increase per MCA Change Proposal Request No. 711-05 dated 22 October 2004, $68,308.

 

9.

Area 1 McKeon Door Addition

 

Provide McKeon doors at Area 1 in response to Clark County Building Department Notice of Violation. All work to be completed per Butler Ashworth’s (Glen Ashworth) field direction and clarification.

 

Increase to Guaranteed Maximum Price. Total increase per MCA Change Proposal Request No. 711-08 dated 24 November 2004, $96,457.

 

10.

Re-paint Convention and Meeting Facility

 

Re-paint Grand and Junior Ballrooms in Area 1 as per MCA cost estimate dated 7 July 2004 and the Promenade and Meeting Rooms in Area 1 as per the MCA cost estimate dated 21 July 2004. This work was approved in accordance with WDD NOC Nos. LR-702-025, 026, 030 and 033 dated 6 July and 9 July 2004 and WDD Change Directive dated 4 August 2004.

 

Increase to Guaranteed Maximum Price. Total increase per MCA Change Proposal Request’s No. dated 7 July 2004 and 21 July 2004 respectively, $202,982.

 

11.

Canine Facility

 

Construction of the new Canine Facility in accordance with revised Butler Ashworth drawings dated 28 June 2004 and 28 July 2004.

 

Increase to Guaranteed Maximum Price. Total increase per MCA Change Proposal Request No. 711-02 dated 4 August 2004, $374,212.

 

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12.

Canine Facility Addition

 

Construction of four (4) additional kennels in the new Canine Facility in accordance with WDD sketches dated 7 September 2004.

 

Increase to Guaranteed Maximum Price. Total increase per MCA Change Proposal Request No. 711-02a dated 7 September 2004, $42,261.

 

13.

Canine Facility Fencing

 

Provide Canine Facility Fencing, Screening and Accessories in accordance with WDD revised drawings 20 September 2004 and upon assignment to MCA of this procurement by WDD.

 

Increase to Guaranteed Maximum Price. Total increase per MCA Change Proposal Request No. 71102-12 dated 30 November 2004, $21,079.

 

D.

Lowrise – Area 2

 

1.

Spa Equipment Allowance Confirmation

 

Confirmation of Spa Equipment allowance to reflect actual bid cost pursuant to Article 3 of the Agreement.

 

Increase to Guaranteed Maximum Price. Total increase per MCA Allowance Confirmation Change Proposal Request No. 72102-CP11 dated 25 October 2004, $107,839.

 

2.

Wedding Chapel Insulation Addition

 

Provide additional R-19 insulation above Wedding Chapel Ceiling to mitigate adjacent equipment room noise transfer. Reference Butler Ashworth fax correspondence dated 28 September 2004.

 

Increase to Guaranteed Maximum Price. Total increase per MCA Change Proposal Request No. 71202-CP14 dated 3 November 2004, $2,908.

 

3.

Smoke Management Revisions

 

Provide additional smoke removal ductwork and fans in accordance with revised smoke control drawings and accompanying mechanical revisions.

 

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Increase to Guaranteed Maximum Price. Total increase per MCA Change Proposal Request dated 1 July 2004, $368,147.

 

4.

Casino Host Lounge Revisions

 

Revise Casino Host Lounge at Cashier Cage in accordance with 8/18/04 Architectural and Electrical drawings issued by Butler Ashworth NOC LR-206-081.

 

Increase to Guaranteed Maximum Price. Total increase per MCA Change Proposal Request No. 71202-CP16R dated 29 November 2004, $91,945.

 

5.

Casino Soffit Moulding Revision

 

Modify Crown Moulding at Casino Soffit due to conflicts with air diffuser. Reference Response to Raymond 4/19/04 RFI authorized by Nita Green 4/29/04.

 

Increase to Guaranteed Maximum Price. Total increase per MCA Change Proposal Request No. 71202-CP19 dated 16 November 2004, $6,019.

 

6.

STS Entry Façade Modification

 

Add sculpture niche with cast frame and gold leafing at STS entry per revised ID drawings dated 2/2/04.

 

Increase to Guaranteed Maximum Price. Total increase per MCA Change Proposal Request No. 71202-CP20 dated 16 November 2004, $8,165.

 

7.

CO2 Lines to Pool Equipment Rooms

 

Furnish and install CO2 lines to the Pool Equipment Rooms in accordance with drawings prepared by Wynn Las Vegas Engineering dated 21 June 2004.

 

Increase to Guaranteed Maximum Price. Total increase per MCA Change Proposal Request No. 71202-CP7 dated 23 September 2004, $91,790.

 

8.

LaMer

 

Revise Spa and Salon swing facial and massage rooms in accordance with LaMer drawings dated 11 February 2004 and 6 November 2003.

 

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Increase to Guaranteed Maximum Price. Total increase per MCA Change Proposal Request No. 71202-CP1 dated 10 June 2004, $45,925.

 

9.

Added Cameras in Casino

 

Furnish and install additional surveillance cameras in the casino ceiling in accordance with M. Malia drawing dated 16 August 2004 and Casino Interior Drawing received 16 September 2004 per Operations request.

 

Increase to Guaranteed Maximum Price. Total increase per MCA Change Proposal Request No. 71202-CP6 dated 23 September 2004, $102,308.

 

10.

Beauty Salon Dispensary Finish Changes

 

Revise finishes at Beauty Salon Dispensary to support conversion of BOH space to public as directed by WDD.

 

Increase to Guaranteed Maximum Price. Total increase per MCA Change Proposal Request No. 71202-CP3 dated 6 July 2004, $2,549.

 

11.

Race and Sports Book Counter Modifications

 

Modify Race and Sports Book counter to accommodate revised equipment specifications provided by operations.

 

Increase to Guaranteed Maximum Price. Total increase per MCA Change Pro