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: Wynn Resorts Macau
Change Order No.: 1
" Contractor" : jointly and severally: LEIGHTON CONTRACTORS (ASIA) LIMITED 39 th Floor, Sun Hung Kai Centre
30 Harbour Road North Wanchai
Hong Kong
" Owner" : WYNN RESORTS (MACAU) S.A.
335-341, Alameda Dr. Carlos d' Asumpcao
9 th Floor, Hotline Centre
Macau
CHINA STATE CONSTRUCTION ENGINEERING (HONG KONG) LIMITED 29 th Floor, China Overseas Building
139 Hennessy Road Hong Kong
CHINA CONSTRUCTION ENGINEERING (MACAU) COMPANY LIMITED
Rua do Campo No. 78
Edificio Commercial Zhang Kian, 18 andar Macau
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:
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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 de9cor 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: DAN/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: DAN/ 002
Increase to the Guaranteed Maximum Price: HK$ 353,561/ USD 45,329 3. Additional service counters and Points of Sale.
Location: Grand Cafe9, 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 Cafe9
Japanese Restaurant
Noodles Restaurant
Food Court
VIP Dining
Italian Restaurant
Change Request Form: 109
Design Action Notification: DAN/ 003 Increase to the Guaranteed Maximum Price: HK$ 142,500/ USD 18,270
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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: DAN/ 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: DAN/ 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: DAN/ 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
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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 de9cor to Hotel End Suites (S2s) from floors 13 to 22 (10 nr) is upgraded.
Change Request Form: 118
Design Action Notification: DAN/ 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 Fae7ade 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: DAN/ 0013
Increase to the Guaranteed Maximum Price: HK$ 110,000/ USD 14,103
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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: DAN/ 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: DAN/ 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: DAN/ 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: DAN/ 0019
Increase to the Guaranteed Maximum Price: HK$ 67,000/ USD 8,590
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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 Cafe9
Japanese Restaurant
Noodles Restaurant
Italian Restaurant
Change Request Form: 130
Design Action Notification: DAN/ 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: DAN/ 0057
Increase to the Guaranteed Maximum Price: HK$ 200,000/ USD 25,641
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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: DAN/ 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: DAN/ 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: DAN/ 0020
Increase to the Guaranteed Maximum Price: Nil
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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: DAN/ 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: DAN/ 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: DAN/ 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: DAN/ 0010
Increase to the Guaranteed Maximum Price: HK$ 33,000/ USD 4,231
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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: DAN/ 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: DAN/ 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: DAN/ 0012
Increase to the Guaranteed Maximum Price: HK$7,500/ USD 962 28. Additional power points and shelving
Location: Ground Floor, Hotel Service Kitchen
Shelving and power provision is added for an additional 11 nr hot boxes at the Hotel service kitchen.
Change Request Form: 147
Design Action Notification: DAN/ 0023
Increase to the Guaranteed Maximum Price: HK$ 45,000/ USD 5,769
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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: DAN/ 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: DAN/ 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: DAN/ 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: DAN/ 0025
Increase to the Guaranteed Maximum Price: Nil
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