Amendment No. 1 to Agreement Between BSL, Inc. and Roy Anderson Corp for Casino Magic Hotel Project
Contract Categories:
Business Finance
›
Modification Agreements
Summary
This amendment updates the construction agreement between BSL, Inc. (Owner) and Roy Anderson Corp (Contractor) for the Casino Magic Hotel, Phase I. It sets a guaranteed maximum price of $23,235,803 for the contractor’s work, excluding certain additional areas, and establishes a new substantial completion date of May 9, 2002. The amendment references specific drawings, specifications, and schedules that define the scope of work. Both parties have agreed to these revised terms as of April 4, 2001.
EX-10.62 7 a2074455zex-10_62.txt EXHIBIT 10.62 EXHIBIT 10.62 EXHIBIT "H" AMENDMENT NO. 1 TO AGREEMENT BETWEEN OWNER AND CONTRACTOR APRIL 4, 2001 Pursuant to Paragraph 5.2 of the Agreement, dated January 3, 2000 between BSL, Inc. (Owner) and Roy Anderson Corp (Contractor), for Casino Magic Hotel, Phase I (the Project). The Owner and Contractor establish a Guaranteed Maximum Price and Contract Time for the Work as set forth below. ARTICLE 1 GUARANTEED MAXIMUM PRICE The Contractor's Guaranteed Maximum Price for the Work, including the estimated Cost of the Work as defined in Article 7 and the Contractor's Fee as defined in Article 5 is Twenty Three Million Two Hundred Thirty Five Thousand Eight Hundred Three Dollars ($23,235,803.00), subject to additions and deductions by Change Order as provided in the Contract Documents. The Guaranteed Maximum Price does not include Add Alternate No. 1: Ballroom, Prefuction, & Ancillary Areas Build-out. This price is for the performance of the Work in accordance with the Contract Documents listed and attached to this Amendment and marked Exhibits A, B, C, D, and E as follows: EXHIBIT A - Drawings and Specifications on which the Guaranteed Maximum Price is based. Pages 1 through 10 dated 3/19/01 EXHIBIT B - Contractor's Scope Summary (B-1), GMP Estimate with Allowances (B-2), and Schedule (B-3). Pages 1 through 7 dated 4/4/01. EXHIBIT C - Add Alternate No. 1: Ballroom, Prefunction, & Ancillary Areas Build-out (Not included in Guaranteed Maximum Price) Pages 1 through 1 dated 4/4/01. EXHIBIT D - Contractor's Self-Perform Work. Pages 1 through 1 dated 3/19/01. EXHIBIT E - Contractor's Supervisory Personnel. Pages 1 through 1 dated 3/19/01. ARTICLE II CONTRACT TIME The date of Substantial Completion established by this Amendment is: 5/09/02. OWNER: BSL, INC. CONTRACTOR: By: By: ---------------------------- -------------------------- Jim Hardin, Jr. - V.P. of Construction Date: Date: April 4, 2001 -------------------------- -------------------------- EXHIBIT "A" MARCH 19, 2001
5 SPECIFICATIONS SECTION 00005 TABLE OF CONTENTS
10 EXHIBIT "B-1" CASINO MAGIC HOTEL, PHASE I BAY ST. LOUIS, MISSISSIPPI CONTRACTOR'S SCOPE SUMMARY April 4, 2001 We have based our estimate on the drawings and specifications shown in Exhibit "A". Following is a scope summary with attention brought to items that are assumptions used and/or subcontractor clarifications. Basic Estimate Criteria: o Sitework o Hotel Building o Low Rise Addition o Central Plant o Ballroom - Shell Building Only o We have included the cost of providing general liability insurance for the project. GENERAL REQUIREMENTS - -------------------- o We have included temporary sanitary facilities, temporary lighting, temporary telephone, temporary heat, electrical distribution, drinking water, and temporary fire protection as required. o We have assumed that all design documentation, as may be required for the successful prosecution of the work, will be provided by the architect (except for design-build elements as noted). o The cost of all materials testing that may be required is not included in the estimate. We assume that these services will be contracted for directly by the Owner. o The cost of initial professional engineering line and grade control is not included in the estimate. We assume that these services will be provided by the Owner's civil engineer. DIVISION 2: SITEWORK - -------------------- o We have included all sitework elements shown on the civil plans dated 2/2/01. o We have not included irrigation and landscape. DIVISION 3: CONCRETE - -------------------- o We have included all concrete as shown on the structural plans dated 2/12/01. DIVISION 4: MASONRY - ------------------- o The only masonry work in the project is in a retaining wall and that is included in Division 2. CASINO MAGIC HOTEL, PHASE I CONTRACTOR'S SCOPE SUMMARY PAGE 2 OF 5 DIVISION 5: STEEL - ----------------- o We have included all structural steel as shown on the structural plans dated 2/12/01. DIVISION 6: CARPENTRY - --------------------- o We have included all interior millwork items as shown on the drawings, or as outlined in allowances, in the hotel tower, low rise addition, and ballroom. DIVISION 7: THERMAL & MOISTURE PROTECTION - ----------------------------------------- o For the Exterior Insulated Finish System we have included: 1. The use of Class PB 2" standard Exterior Insulated Finish System as manufactured by Parex or equivalent. 2. Manufacturers standard medium sand or textured finish in no more than 3 integral colors. 3. Heavy duty mesh at all high-traffic areas up to 8'0" above finish floor or grade. 4. Manufacturers standard 5 year warranty. 5. No reveals, EPS board thicker than 2" or Ameristone is included. o We have included fireproofing of the structural steel as required by code. o We have included Roofing Systems: 1. Modified Bitumen Roof Systems with a roof insulation system consisting of one (1) layer of 2" polyisocyanurate and one layer of 3/4" perlite insulation for a combined R-value of 16.38, and a twelve (12) year no dollar limit roof warranty. 2. All standing seam metal roofing and sheet metal flashing will be fabricated from 24 gauge galvanized metal with a Kynar 500 (20) year paint finish warranty. DIVISION 8: DOORS, FRAMES, & GLAZING - ------------------------------------ o We have included public area and back of house doors based on the use of wood doors with a plastic laminate face installed in metal frames. o We have included glass, glazing, storefront and entrances: 1. Fixed opening above the 1st floor to be FG-123 aluminum frames. 2. Storefront openings on the 1st floor to be 451 Tri-Fab Flush Glaze 3. Door Stiles to be medium 350 with panic hardware. 4. Glass to be 1" insulated tinted (green) over low "E" safety glass as required. 5. Skylight (insulated tinted safety glass). o We have included a guest entry Tesa card lock system with front desk station and portable programmer. DIVISION 9: FINISHES - -------------------- o We have included metal framing, drywall and ceilings per plans. CASINO MAGIC HOTEL, PHASE I CONTRACTOR'S SCOPE SUMMARY PAGE 3 OF 5 o We have included a flat acoustical ceiling in the ballroom with no furr downs. o We have included tile, stone and VCT per plans. o Carpet is owner furnished and owner installed. o We have included painting. o We have included installation of owner furnished vinyl wall covering. o The second floor restaurant and kitchen is included as a shell only. DIVISION 10: SPECIALTIES - ------------------------ o We have included entrance mats, a linen chute, toilet compartments, toilet accessories, louvers, wall and corner guards, flag poles, fire extinguishers with cabinets, and operable partitions. o Exterior and interior signage is provided and installed by the owner. o Closet and linen racks are provided and installed by the owner. DIVISION 11: EQUIPMENT - ---------------------- o The cost of providing and installing the kitchen and food service equipment is not included in this estimate. We do include the cost associated with mechanical and electrical hook-up of this Owner furnished equipment. o We have included a dock leveler and bumpers. DIVISION 12: FURNISHINGS - ------------------------ o No work included in this section. DIVISION 13: SPECIAL CONSTRUCTION - --------------------------------- o We have included an allowance for all pools and pool related work. o We have not included cost for the sauna package, steam room equipment, nor other spa equipment. CASINO MAGIC HOTEL & RESTAURANT CONTRACTOR'S SCOPE SUMMARY PAGE 4 OF 5 DIVISION 14: CONVEYING SYSTEMS - ------------------------------ o We have included Montgomery Kone elevators as follows: 1. Three (3) EcoSystem MR AC gearless traction passenger elevators with a capacity of 3,500 lbs., a speed of 400 fpm, Miprom Selective Collective Three Car Group Operation, and Kone's Series 220 design fixtures. 2. One (1) EcoSystem MR AC gearless traction service elevator with a capacity of 4,000 lbs., a speed of 400 fpm, Miprom Selective Collective Simplex Operation, and Kone's Series 220 design fixtures. 3. The highest stop for all elevators is the 14th floor. No elevator will go to the roof level. DIVISION 15: MECHANICAL - ----------------------- o PLUMBING AND HVAC We have used MCC's design build estimate for the plumbing and HVAC system as shown on mechanical plans dated 2/9/01. o FIRE PROTECTION We have used Fire Protection System's design build estimate for the fire protection system. Fire Protection System's estimate includes Fire Protection for the hotel tower, central plant, a diesel fire pump, and underground piping. DIVISION 16: ELECTRICAL - ----------------------- We have used Haynes Electric's design build estimate for the electrical system as shown on electrical plans dated 2/9/01. QUALIFICATIONS & EXCLUSIONS - --------------------------- o Performance and material payment bonds are not included in our price. o Any permits other than building permits are not included. o Design fees are not included in our price (except as noted otherwise). o We have made no allowance for unforeseen underground conditions or obstructions. o We have not included any moneys for removal or replacement of contaminated soils. o No power company fees or charges are included. o Builder's risk insurance shall be provided by the owner. o We have assumed that the owner will arrange for the installation of, and pay for all waste handling and food service equipment (including any coolers and freezers). o All window coverings, furniture, artwork, sculpture, and rugs shall be the responsibility of the owner. o Our estimate does not include any cost for Mississippi Power charges for bringing power to the site. CASINO MAGIC HOTEL & RESTAURANT CONTRACTOR'S SCOPE SUMMARY PAGE 5 OF 5 o This estimate does not include the cost of fees or charges by the Gas Company for bringing service to the site. o Costs associated with build-out of the ballroom, prefunction, and ancillary areas are included in Add Alternate No. 1 and are not included in the Guaranteed Maximum Price. EXHIBIT "B-2" GMP ESTIMATE WITH ALLOWANCES APRIL 4, 2001
EXHIBIT "C" ADD ALTERNATE NO. 1: BALLROOM, PREFUNCTION, & ANCILLARY AREAS BUILD-OUT APRIL 4, 2001 DESCRIPTION: Add interior build-out including interior partitions, drywall, fiberglass reinforced panels, acoustical ceiling tile, flooring, drywall finish, paint, vinyl wall covering, operable partitions, plumbing, HVAC and electrical for the following areas: Ballroom B116, Function Area B110, Lobby B100, Board Room B101, Storage B102, Banquet Kitchen B103, Temp. Kitchen Storage B105, Future Service Lobby B106, Corridor B109, Part. Storage B112, Part. Storage B113, Part. Storage B114, Part. Storage B117, Part. Storage B119, Service Area B126, Banquet Service B127, Service Area B131, Service Corridor B133, Storage B134.
Amount assumes that work will be done concurrent with overall project schedule. EXHIBIT "D" MARCH 19, 2001 CONTRACTORS SELF PERFORM WORK (Exclusive of General Conditions)
Page 1 EXHIBIT "E" Contractors Supervisory Personnel Project Manager - Judson McLeod Assistant Project Manager - Steven Linton Project Coordinator - Jerry Waugh Superintendent - John Morgan Assistant Superintendent - To be named Concrete Superintendent - To be named Finish Superintendent - To be named Ballroom Superintendent - To be named
