AGREEMENT FOR GUARANTEED MAXIMUM PRICE CONSTRUCTION SERVICES

Exhibit 10.9

 

AGREEMENT FOR GUARANTEED MAXIMUM PRICE

CONSTRUCTION SERVICES

 

CHANGE ORDER

 

30 December 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 associated with Change Order No. 7 is detailed in the following Change Order narrative by project area. It should be noted that the Owner generally agrees with the Scope of the Work but reserves the right to perform a detailed audit of the Change Order documentation pursuant to the terms of this Agreement. Subsequent adjustments, if any, will be credited to the Cost of the Work:

 

A.

Highrise Revisions

 

1.

Revised Machine Roof Steel

 

Provide added and modified steel at the machine room roof at the tower roof level. All work shall be completed in accordance with Butler Ashworth Architect’s Highrise drawing revisions dated 12 April 2004.

 

Increase to Guaranteed Maximum Price. Total increase per MCA Change Proposal Request No. 70102-43 dated 15 October 2004, $33,970 .

2.

Added Platform for Window Washing Stage Access

 

Provide structural detailing, fabrication and erection of added platform for rooftop window washing stage access. All work shall be completed in accordance with Butler Ashworth Architects’ structural drawings dated 15 July 2004, 21 July 2004 and item No. 346 of the Project Meeting Minutes.

 

Increase to Guaranteed Maximum Price. Total increase per MCA Change Proposal Request No. 70102-44 dated 6 October 2004, $262,000 .

 

4.

Roof Access Ladders

 

Provide five (5) added roof ladders for access to high roof areas and perimeter catwalk for window washing stages. All work shall be completed in accordance with Lochsa Engineering sketches LESK54 thru LESK66 dated 10 September 2004.

 

Increase to Guaranteed Maximum Price. Total increase per MCA Change Proposal Request No. 70102-45 dated 15 November 2004, as modified and agreed upon 21 December 2004, $108,618 .

 

5.

Catwalk Level Added Staging Rooms

 

Provide framing, drywall, doors, frames and hardware for catwalk level staging rooms at stair Nos. 1 – 3. All work shall be completed in accordance with Butler Ashworth Architects’ NOC HR037 dated 30 June 2004.

 

Increase to Guaranteed Maximum Price. Total increase per MCA Change Proposal Request No. 70102-55 dated 15 October 2004, $7,927 .

 

6.

Sorting Golden Beach Marble

 

Provide labor to related to the sorting, re-packaging and stocking of Tower guestroom marble due to color shade variation and edge chipping on floors 25, 26, 27 and 28. All work is in accordance with WDD Field Directive of 3 March 2004 and 3 May 2004 letter to MCA.

 

Increase to Guaranteed Maximum Price. Total increase per MCA Change Proposal Request No. 70102-35 dated 23 June 2004 as modified and agreed upon, $67,136 .

 

- 2 -

7.

Repair Damaged/Broken Marble Material

 

Reimbursement to T. Nickolas for repairs to damaged and broken marble materials as itemized on T. Nickolas broken material logs from 14 November 2003 through 17 June 2004. All work in accordance with WDD field direction in support of the project schedule.

 

Increase to Guaranteed Maximum Price. Total increase per MCA Change Proposal Request No. 70102-37 dated 22 September 2004, $88,652 .

 

8.

Repairing Damaged/Broken Marble Material

 

Reimbursement to T. Nickolas for repairs to damaged and broken marble materials as itemized on T. Nickolas broken material logs from 22 June 2004 through 10 November 2004. All work in accordance with WDD field direction in support of the project schedule.

 

Increase to Guaranteed Maximum Price. Total increase per MCA Change Proposal Request No. 70102-38 dated 23 November 2004, $55,519 .

 

B.

Lowrise Area 1

 

1.

Control Valves for Gas Meters

 

Provide 16” control valves for the gas meters for the central plant boilers. All work shall be completed in accordance with WDD direction.

 

Increase to Guaranteed Maximum Price. Total increase per MCA Change Proposal Request No. 71102-02 dated 22 October 2004, $32,660 .

 

2.

Electrical Revisions per 6/28/04 Drawings

 

Provide door wiring revisions and related electrical changes and power to trash compactors provided by Owner’s vendor. All work shall be completed in accordance with Butler Ashworth Architects’ revised electrical drawings dated 28 June 2004.

 

Increase to Guaranteed Maximum Price. Total increase per MCA Change Proposal Request No. 71102-10 dated 8 November 2004, $61,846 .

 

- 3 -

3.

Employee Entrance Canopy

 

Provide foundations, concrete walkway, 260 lf of awning structure, wall panel system, fire sprinkler and electrical/lighting work. All work shall be completed in accordance with Butler Ashworth Architects design criteria as issued 10/20/04 including subsequent clarification sketches issued in support of Arup report dated 12/10/04.

 

Increase to Guaranteed Maximum Price. Total increase per MCA Change Proposal Request No. 71102-16 dated 17 December 2004 as modified and agreed upon to reflect reduced lighting scope 22 December 2004, $186,233 .

 

4.

Removable Patio Railing

 

Provide removable aluminum railing, in lieu of steel railing, along the Grand Patio due to weight concern. All work shall be completed per WDD field direction.

 

Increase to Guaranteed Maximum Price. Total increase per MCA Change Proposal Request No. 71102-13 dated 30 November 2004, $6,524 .

 

5.

Mail Room Mechanical Emergency Shunt

 

Provide electrical work for the installation of an emergency mechanical system shut-off switch in the Mail Room. All work shall be completed in accordance with Butler Ashworth Architects’ revised sketches dated 10 December 2004.

 

Increase to Guaranteed Maximum Price. Total increase per MCA Change Proposal Request No. 71102-15 dated 17 December 2004, $3,868 .

 

C.

Lowrise – Area 2

 

1.

Relocate Mechanical Piping

 

Relocate existing mechanical piping from the mezzanine level to the Casino Level due to equipment conflicts. All work shall be completed in accordance with Butler Ashworth Architects NOC LR-2-107 dated 27 August 2004.

 

Increase to Guaranteed Maximum Price. Total increase per MCA Change Proposal Request No. LR-2-107 dated 12 September 2004, $32,429 .

 

- 4 -

2.

Relocate Mechanical Mains

 

Relocation of the existing piping mains to accommodate the reorientation of PCH coils. All work shall be completed in accordance with Butler Ashworth Architects’ revised mechanical drawings LR-S-2-MPZ.05 dated 1 June 2004.

 

Increase to Guaranteed Maximum Price. Total increase per MCA Change Proposal Request No. 71202-7/1/04 dated 1 July 2004, $72,598 .

 

3.

Casino Linear Diffuser Modifications

 

Change 8’ linear diffusers to 44” due to curvature of adjacent millwork. Provide non-functional linear diffuser infill between the 44” diffusers for aesthetic purposes. All work shall be completed in accordance with verbal direction provided during a field review meeting by WDD.

 

Increase to Guaranteed Maximum Price. Total increase per MCA Change Proposal Request No. 71202-05 Rev. 1 dated 9 July 2004, $89,968 .

 

4.

Performance Lounge Redesign

 

Provide all additional work related to the modification of the existing Performance Lounge design into an Ultra Lounge concept. All work shall be completed in accordance with revised Butler Ashworth Architects’ and WDD Interior Design drawings dated 1 June and 28 June 2004.

 

Increase to Guaranteed Maximum Price. Total increase per MCA Revised Change Proposal Request No. 71202-12 dated 30 December 2004, $1,004,987 .

 

5.

Revisions per 28 June 2004 Drawings

 

Provide framing, drywall, plumbing, mechanical piping, fan coil units, sheet metal, electrical and lighting work in the Performance lounge raised floor area and patio, Mezzanine Level, Casino Level, Spa Level. All work shall be completed in accordance with Butler Ashworth Architects’ and WDD Interiors drawing revisions dated 28 June 2004.

 

Increase to Guaranteed Maximum Price. Total increase per MCA Change Proposal Request No. 71202-15 dated 15 November 2004, $477,199 .

 

- 5 -

6.

Spa and W. Ink Pen / Sunglasses Store Mechanical, Plumbing and Electrical Revisions

 

Provide all work related to base building modifications associated with revised operational program including but not necessarily limited to added fire sprinklers and piping for the Spa Tanning Room; install piping and connections to fan coil unit serving the pen and sunglasses store; install fan coil unit and associated ductwork in pen and sunglasses store; miscellaneous mechanical and ductwork changes at the Spa Level and restrooms. All work shall be in accordance with Butler Ashworth architects’ revised mechanical, plumbing and electrical drawings dated 26 August 2004.

 

Increase to Guaranteed Maximum Price. Total increase per MCA Change Proposal Request No. 71202-17 dated 15 November 2004, $127,778 .

 

7.

Electrical Revisions

 

Provide lighting revisions in the Race & Sports Book, added dryers in the Spa and re-circuiting of Spa exhaust fans. All work shall be completed in accordance with Butler Ashworth Architects’ revised electrical drawings dated 20 September 2004.

 

Increase to Guaranteed Maximum Price. Total increase per MCA Change Proposal Request No.71202-18 as revised and agreed upon per MCA letter of 23 December 2004, $10,000 .

 

8.

KHS&S Extra Work

 

Provide framing, drywall, taping and sealing work. All work shall be completed in accordance with Butler Ashworth Architects’ NOC’s, Design Change Directives, Clark County Building Department Notifications and Architectural Directives issued between 28 June and 16 October 2004.

 

Increase to Guaranteed Maximum Price. Total increase per MCA Change Proposal Request No.71202-24 dated 21 December 2004, $615,082 .

 

9.

Cancellation of Sound Attenuated Ceilings at Mechanical Rooms

 

De-mobilization and materials cost for the cancelled sound attenuated ceiling added per Butler Ashworth Architects’ drawing LR-M2A3.03. The ceilings were canceled on 1 June 2004 pursuant to a conversation between Perry Eiman of MCA and Todd Nisbet of WDD. Approved cost for portion of Work that was completed and associated re-stocking fees for isolation hangers.

 

- 6 -

Increase to Guaranteed Maximum Price. Total increase per MCA Change Proposal Request No. 71202-25 dated 21 December 2004, $17,185 .

 

10.

Bombard Electrical Extra Work Ticket Revisions

 

Provide miscellaneous extra electrical work. All work shall be completed in accordance with Butler Ashworth Architects’ NOC’s, Design Change Directives, Clark County Building Department Notifications and Architectural Directives issued between 28 June and 26 September 2004.

 

Increase to Guaranteed Maximum Price. Total increase per MCA Change Proposal Request No.71202-26 dated 27 December 2004, $492,800 .

 

D.

Lowrise – Area 3

 

1.

Nightclub Budget Validation

 

Reconcile C